Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.
Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.
How to apply for anticipatory bail?
Contact lawyers in India to apply for pre-arrest notice / notice bail, and anticipatory bail.
Get the lawyer to draft an anticipatory bail mentioning your version of the fact.
Apply at the appropriate Sessions Court.
When the matter comes up for hearing, it is advisable that your lawyer is accompanied by a trusted person.
IMPORTANT POINT ON FILING OF ANTICIPATORY BAIL APPLICATION BEFORE THE SESSIONS COURT:
The anticipatory bail application should be singed by the applicant/accused.
The applicant is also required to swear an affidavit in support of the anticipatory bail application.
Power of Attorney in favour of the counsel is required to be executed and attached along with the anticipatory bail application.
Copy of the FIR which is readable is required to be filed along with the anticipatory bail application.
Copies of all the relevant documents are required to be attached along with the anticipatory bail application.
ANTICIPATORY BAIL APPLICATION FORMAT in INDIA
BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (give the name of the district where the bail application is being filed)
IN THE MATTER OF STATE
VS
(Mention the name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case. PRAYER
It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
ANTICIPATORY BAIL APPLICATION
BEFORE HIGH COURT:
IMPORTANT TIPS ON FILING OF ANTICIPATORY BAIL APPLICATION BEFORE HIGH COURT:
The anticipatory bail application should be signed by the applicant/accused. The applicant is also required to swear an affidavit in support of the anticipatory bail application.
Power of Attorney in favour of the counsel is required to be executed and attached alongwith the anticipatory bail application.
Copy of the FIR with its true translation if it is in vernacular is required to be filed alongwith the anticipatory bail application.
Copies of all the relevant documents are required to be attached alongwith the anticipatory bail application.
Certified copies of the orders passed by the Sessions Court rejecting the anticipatory bail application is to be filed along with the anticipatory bail application.
SUGGESTED FORMAT OF THE ANTICIPATORY BAIL APPLICATION TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR ANTICIPATORY BAIL BEING DISMISSED BY THE SESSIONS COURT.
BEFORE THE HIGH COURT AT (give the name of the High Court where the
anticipatory bail application format India is being filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the accused)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER :-
1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case. 12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application.
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