Criminal Law

Bail Petition

Anticipatory bail petition is filed under Section 438 of the Code of Criminal Procedure by an accused person who is apprehending arrest by the police. Anticipatory bail petition can be filed before the court of sessions, High Court, Supreme Court of India only. One can file a petition for anticipatory bail even if a First Information Report (FIR) has not been filed and the person is merely apprehending arrest.

Anticipatory Bail petition is filed by a person who is apprehending arrest in relation to criminal offence. In case a person is anticipating that he/she might get arrested or an FIR may be filed against him/her in relation to an offence, he/she can file an application in the appropriate court for anticipatory bail.

Procedure for Anticipatory Bail Petition.

It is advisable to engage a criminal lawyer once a criminal complaint or FIR has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon. The Lawyer would draft an application for anticipatory bail mentioning as to why the bail shall be granted while stating your version of the facts surrounding the matter. Once the application for anticipatory bail is drafted the advocate will file the same at an appropriate Sessions Court. When the matter comes up for hearing, the lawyer must appear and present the case. If the judge sees the case to be fit for granting anticipatory bail, anticipatory bail is provided to the accused. In case anticipatory bail application is rejected in the Sessions Court, the application can be made to the High Court. If the High Court also rejects the bail, the application can be made in the Supreme Court.

Draft Bail Petition!

Being charged with a crime is a serious issue. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal case warrants the legal advice of a qualified criminal lawyer who can protect your rights and secure the best possible outcome for your case. Owing to the experience in bail related issues, a criminal lawyer is an expert in dealing with the complexities involved in cases of mental cruelty and this is why having a criminal lawyer by your side to guide you with a case like this always adds up to your potential in dealing with the case effectively.

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