Under What Circumstances Can Anticipatory Bail Be Granted?

What happens after anticipatory bail is granted?

Therefore, when a person who has obtained an order of anticipatory bail, gets arrested and then gets released by virtue of order of anticipatory bail, the person ceases to be in custody.

Therefore, he can’t move regular court for regular bail as the very essence of regular bail is absent in such a situation..

Can police officer grant bail in non bailable Offence?

An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.

Can bail be rejected?

While a vague allegation that accused may tamper with the evidence or witnesses may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the …

Can bail be granted after conviction?

Permanent Bail – Permanent bail is granted only after hearing to the petitioner a well as the prosecution. … Bail For The Convict – Once convicted, bail is granted to the accused even if the appeal for the same is accepted if court finds that there are considerable grounds for his/her release.

When can anticipatory bail be Cancelled?

The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a …

What is a zero FIR?

What is Zero FIR? It means that a FIR can be filed in any police station (i.e. Irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate police station having competent jurisdiction after investigation and filing with a magistrate. … Hence such FIR is known as Zero FIR.

Can I get anticipatory bail without FIR?

It is possible. You can file an application for anticipatory bail even if a FIR is not registered. The court my dismiss the bail application but may pass an order to not to arrest in the event of a FIR to be registered at a later date.

How long is anticipatory bail valid?

The anticipatory bail orders can continue till the end of the trial and the court should keep in mind the conduct of the accused while passing the orders. Anticipatory bail only gives protection from arrest to a person in relation to offence he apprehends arrest in.

How much does it cost to get anticipatory bail?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Which Offence is non bailable?

List of Bailable & Non-Bailable Offences Under Indian Penal CodeSectionOffenceBailable/Non -bailable124ASedition.Non-bailable131Abetting mutiny or attempting to seduce a soldier, sailor or airmanNon-bailable140Wearing soldier’s garb, sailor, airmanBailable144Punishment for unlawful assemblyBailable7 more rows•Jan 30, 2017

Is Fir necessary for anticipatory bail?

ACT: Bail-Anticipatory Bail-Section 438 of the Code of Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of- Judicial balancing of personal liberty and the investigational powers of the Police, explained.

Who can issue anticipatory bail?

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.

What documents are required for anticipatory bail?

As such for applying of Anticipatory Bail no document is required. In Anticipatory bail court give directions to the police to inform the person 3 – 5 days prior to his arrest, so that he may apply for his regular bail. Dear Client, You do need sureties, with proof of ID/Residential Proof.

Is anticipatory bail for dowry case?

How to get bail and avoid police custody in a dowry case under Section 498A. If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.