How to Obtain Anticipatory Bail from the Sessions Court
Anticipatory bail is a very important legal remedy, with the help of which you can ensure your safety before being arrested. In this blog we will discuss what is anticipatory bail, how to apply for it in the Sessions Court and what steps should be taken for it. To understand this whole process you need to have some basic knowledge about Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Indian legal system, but if you are still less informed, no need to worry – we will discuss everything systematically.
What is the Anticipatory Bail?
We also call anticipatory bail as pre-arrest bail. It means that if you feel that an FIR can be registered against you or there is a possibility of arrest, then you can take bail beforehand. And you can get this bail from the Sessions Court or the High Court, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Do you need anticipatory bail?
The first question you should ask yourself is: “Should I really apply for anticipatory bail?” Some common situations where people approach an anticipatory bail:
False allegations: If you feel that people having enmity towards you may file a false FIR against you.
Business Disputes: Sometimes in business disputes or property disputes the opposite party may file a complaint with the police.
Family matters: Sometimes marital disputes and domestic violence cases may require representation.
Political rivalry: The political atmosphere is heated and extremely harsh action may be taken against you.
Does anticipatory bail in a way restrict your pre-security in case of debt.
Why is it important to seek legal help?
The legal process in our country can be quite complicated. That's why the help of an experienced criminal lawyer is very important. Your lawyer:
Appropriate guidance is available regarding required documents, format of anticipatory bail application and relevant legal precedents.
Your application will be assessed by the Court based on the criteria of drafting skills.
This will help you present your case effectively during the court hearing.
Filing a bail petition in the sessions court is a technical task. If your lawyer has good knowledge of BNSS, evidence law and local court procedures, then your chances of getting anticipatory bail increase, you can contact best criminal Advocate Subhash Ahlawat.
Anticipatory Bail Application: Step-by-Step
Consult a Lawyer
First, consult a criminal lawyer Advocate Subhash Ahlawat. Explain your situation clearly to the him, including:
What charges have been brought against you or what restrictions have been imposed on you?
If you have any proof or document then please provide it.
The urgency of your case, as sometimes it is a life or death situation
Drafting the Application
The anticipatory bail application is prepared under Section 482 of the BNSS. It will mention the following points:
Factual background: If FIR has already been lodged, copy the same along with brief details of allegations.
Reason for fear of arrest: Why do you think you may be arrested, have you received any threat or notice from the police?
Grounds for bail: This is the most important part. You have to tell the court that they have full expectation of your cooperation, there is no chance of you absconding, the allegations are false and you are ready to help in the investigation.
Filing the Application
You can file an application in the judicial jurisdiction of the Sessions Court through your lawyer. Generally, lawyers file applications in the High Court.
Pay the court fees and complete other formalities. Do not forget to attach the required documents which will include a copy of FIR (if any), affidavit in support, medical certificate (if required) etc.
Court Hearing
After filing, the court fixes a date on which arguments from both sides will be heard – your lawyer and the prosecution/complainant's lawyer.
During the hearing, your lawyer will have to prove that you cannot run away from the police, you will fully cooperate in the case and the allegations against you are false or you can defend them properly.
Court Decision and Conditions
If the court feels that it is right to grant anticipatory bail then you will get bail. But the court can impose some conditions, such as:
Passport Surrender: You may have to surrender your passport to the court.
Visiting the police station regularly: You may be asked to report regularly to the police station.
Non-interference: You will not approach or intimidate the complainant or witnesses.
It is very important to strictly follow the conditions. Violation of these can also result in cancellation of anticipatory bail.
Grounds for rejection by the court
The court may also reject your anticipatory bail on certain specific grounds, such as:
Severity of the offence: If the alleged offence is very serious, such as murder, rape, terrorism, then it becomes quite difficult to get anticipatory bail.
Criminal history: If you already have multiple FIRs or convictions registered against you, the court may question your character.
Non-cooperation: If you have not cooperated with the investigation previously, or you have misused bail, your application may be rejected.
Risk of absconding: If the court believes that you may flee the country, it may refuse bail.
Therefore, the best advice is to apply for anticipatory bail only after thorough preparation and taking the right legal advice.
Tips for a Successful Anticipatory Bail Application
Honesty: Behave honestly before the court. Do not exaggerate or make false statements as this reduces your credibility.
Proof of cooperation: Present past behavior or any evidence that shows you are cooperating with the investigation.
Character Certificate: If you have a reference from any public figure or respected person, you can attach the same.
Promptness: Apply for bail as soon as possible. If you delay, the police may file an FIR and start tracking you.
Legal precedents: Your lawyer should be aware of recent judgments that have resulted in the grant of anticipatory bail on similar facts. These precedents indicate to the court that your case is fit for grant of bail.
What if the Sessions Court rejects it?
If the Sessions Court rejects your anticipatory bail then you can go to the High Court. In the High Court also you will file an application under Section 482 of the BNSS. But keep in mind that you have to seek bail on the same grounds or better grounds which have been rejected by the Sessions Court.
If relief is not obtained even after the High Court, there is theoretically an option of going to the Supreme Court, but that too only when the order of the High Court involves clear illegality or constitutional question.
The importance of complying with the terms of the court
Suppose you have got anticipatory bail but the court has asked you to appear at the police station every Friday and you are not following this condition. This has a negative impact on the court and the complainant/prosecutor can apply for cancellation of bail.
Once the bail is cancelled, it becomes difficult to get bail again. Therefore, whatever condition the Sessions Court imposes, follow it strictly, even if it causes inconvenience to you.
Anticipatory bail gives you a sense of security, especially if you are actually innocent or have been falsely accused. Although the process can be long and complicated, with proper legal advice, timely action, and proper documentation you can protect your freedom.
