Question: Can I Get Anticipatory Bail Without FIR?

What are the grounds for anticipatory bail?

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released ….

How much does an anticipatory bail cost?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. 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.

Is anticipatory bail for dowry case?

If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.

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 filed after Fir?

Anticipatory bail can be granted even after an F.I.R. is filed, so long as the applicant has not been arrested. 103. This would show that even during the investigation, there are two stages at which there may be apprehension of arrest.

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.

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.

Is anticipatory bail amount refundable?

Anticipatory Bail amount cannot be returned as you sought court protection in anticipation of an arrest. Now that you are granted bail and assured of no arrest court will not return the money. the bail bond deposit will be made into the court only when the surety or the term of the bond is violated.

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 documents are required for anticipatory bail?

As such for applying of Anticipatory Bail no document is required. In Anticipatory bail court give directions to the police to inform the person 3 – 5 days prior to his arrest, so that he may apply for his regular bail. Dear Client, You do need sureties, with proof of ID/Residential Proof.

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 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.

What happens after anticipatory bail is granted?

A anticipatory bail is granted in anticipation of arrest. After the court grants it, you are free to go and you have to honour the terms of the bail application. No you don’t have to go to the police station. You have yo be present at the trial and cooperate with the investigation.

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.

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.

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.