Understand Anticipatory Bail from the Best Criminal lawyer in Gurgaon

Anticipatory bail or bail before an arrest can be applied by a person if person anticipates or expects an arrest for a non-bailable crime. In such cases, they must contact the best criminal lawyer in Gurgaon to file their pre-arrest bail application.

Anticipatory Bail as per Law

Anticipatory bail, defined by Section 438 of the Code of Criminal Procedure, is a court ruling allowing a suspect on bail even before arrest. The right to life and personal freedom is the purpose of this bail under Article 21 of the Indian Constitution.

So, if anyone thinks falsely implicated and might get arrested for a non-bailable offense, they can approach the High Court or session court for bail.

Can a Person Take Anticipatory Bail Without FIR?

Yes, they can! According to the Allahabad High Court, a suspect who expects an arrest may be given anticipatory bail for non-bailable offenses before filing a First Information Report (FIR).

Considering Factors before Granting Anticipatory Bail

Before giving an anticipatory bail, the Court checks for various factors such as: 

●    The nature and seriousness of the charges
●    The accusation against the applicant aims to detain and cause him injury or humiliation.
●    The applicant's history, whether he was previously imprisoned or sentenced by a court for any cognizable offense.
●    The applicant's ability to fight justice.

Condition to consider while Obtaining Anticipatory Bail

1. An individual requesting anticipatory bail must cooperate and show up in person for the police officer's investigation.
2. The individual should provide his residential address, native address, and contact no at the police station.
3. An individual should refrain from tampering with any potential evidence or witness influence.
4. An individual should not leave the country without court permission.

Additionally, a person requesting bail has to deposit a security amount called a bail bond to guarantee his appearance in Court whenever required.

The Court has the authority to determine the amount, and the person cannot assert their right to a decrease.

Can an Anticipatory Bail be cancelled?

Yes, the court that grants anticipatory bail, also has the right to cancel the bail. 

Considering certain conditions and grounds, court can cancel anticipatory bail. For instance, if court assumes that individual can tamper evidence, influence the witness and interferes in the judiciary process, or individual has committed some heinous crime, or misuses the liberty granted to him - In all cases, court can cancel its own anticipatory bail orfer.

How do Criminal Lawyers help?

If you are looking for the top criminal lawyer in Gurgaon and Delhi, VR Associates Law Firm is the one to look out for. Our lawyers are skilled at handling legal proceedings involving criminal law issues. They have expertise in understanding the reason for the arrest and will help you file an anticipatory bail application for further trial.

As filing an anticipatory bail needs urgency, contact us now at VR Associates Law Firm.