Legal Question in Criminal Law in India
anticipatory bail can be applied before being arrested. under what circumstances anticipatory bail can be applied? Is anticipatory bail applicable only under non bailable offence? What are the procedures for applying for anticipatory bail and what are the procedures applied by the court after bail has been granted?
2 Answers from Attorneys
when one has perchance that he/she mat arrest by police in a case. then one can move for anticipatory bail. court will hear on such application then may grant anticipatory bail.
For most of court proceedings a lawyer is needed.
Yes you are right that Anticipatory bail is applied only in Non-bailable offences. If a person is apprehending arrest by police because there is a FIR against him ,in these circumstances the person who has been accused in the FIR can apply to sessions court or to high court for anticipatory bail.
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