Quick Answer: What Documents Are Required For Anticipatory Bail?

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..

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.

How can I get bail without a lawyer?

Bail can be given by the officer-in-charge of the police station or the police officer who is investigating. Section 170 of Cr. P.C. confers authority to give bail, in the officer-in-charge of the police station in case the person is accused of committing a non-bailable offense.

In which state anticipatory bail is not available?

Since the state legislature has requisite powers to amend the provisions of the code, states like Maharashtra, Orissa, West Bengal have a little different anticipatory bail provisions, where as Uttar Pradesh has even omitted provision of Section 438, and so there is nothing like Anticipatory bail in state of Uttar …

How do you escape the case in 420?

To avoid such harassment, the accused can apply for bail. The best option is to obtain an anticipatory bail under Section 438 of Criminal Procedural Code, 1973. Regular bail can also be preferred in case the Anticipatory bail is not applied.

What is interim bail?

If the court rejects the accused’s plea for interim bail or his application for anticipatory bail, the police are free to arrest him without warrant. … Interim bail may be granted when the court is satisfied that the object of the accusation against accused is to injure his reputation and humiliate him.

Can anticipatory bail be rejected?

A few circumstances under which Anticipatory Bail may be refused are: The possibility of the Applicant to abscond in the event cognizance is taken by the trial court or warrant of arrest has been issued by the trial court. If the prima facie case with which the Applicant has been charged can be made out.

How much does it cost to get anticipatory bail?

Basic expenditure to get an anticipatory bail 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.

Can I get anticipatory bail in 376?

Merely because the charge under Section 376 IPC, which is a serious charge, is now added, the benefit of anticipatory bail cannot be denied when such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor.

Is the bail amount refundable?

Cash bail, if you paid bail to the court, u paid the full bail amount , you will have money returned after defendant full filled all court appearance, if defendant arrested again out on bail, no refund.

Is 498 a bailable?

An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognisable in that a police officer can make an arrest without a warrant from the court.

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.

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

What is the procedure of anticipatory bail?

The Code explains that an anticipatory bail is a pre-arrest legal process which directs that if the person in whose favour it is issued is thereafter arrested on the accusation in respect of which the direction is issued, he shall be released on bail.”

How many days it will take to get anticipatory bail?

30 daysAnswers (3) Sir normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.

Who can be surety for bail?

Normally any person who gives surety should be a known person of the accused having a title over an immovable property and remains solvent without any tax arrears on the property and that surety provider should not be accused of any offences and he should not have stood as a surety in any other cases.

How long does it take to get bail?

It may take one week to 15 days for a bail application to be disposed by high court, especially if the police report is awaited then it may extend upto 1 month also. If the sessions court dismisses your application for bail then you may apply for bail before high court.

How many types of bail are there?

nine different formsThere are nine different forms of bail and the law requires that the judge give at least two ways of posting (paying) bail. The most frequently set forms of bail are cash and insurance company bonds.