How Can Anticipatory Bail Be Secured in a Criminal Case?
Anticipatory bail is a legal remedy provided under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It allows a person to seek bail in anticipation of arrest for a non-bailable offense. The purpose is to protect an individual’s fundamental right to life and liberty under Article 21 of the Constitution of India. Below is a detailed explanation of how anticipatory bail can be secured in a criminal case.
What is Anticipatory Bail?
Anticipatory bail is a pre-arrest bail granted to an accused when they apprehend arrest for an alleged crime. It acts as a shield from arrest but does not mean acquittal or discharge from the case. The accused must comply with the terms and conditions imposed by the court while availing of anticipatory bail.
Who Can Apply for Anticipatory Bail?
- Any individual apprehending arrest for a non-bailable offense.
- Anticipatory bail cannot be claimed as a matter of right; it is subject to judicial discretion.
Situations Where Anticipatory Bail May Be Filed
- False implication due to personal or professional enmity.
- Cases of misuse of laws, such as dowry harassment or other personal vendettas.
- Apprehension of arrest arising from criminal complaints involving non-bailable offenses.
Procedure to Secure Anticipatory Bail
Step 1: Engage a Lawyer
Hire an experienced criminal lawyer to draft and file the anticipatory bail application.
Step 2: Drafting the Anticipatory Bail Application
The application must include the following:
- Details of the applicant.
- Description of the FIR or complaint lodged against the applicant, if available.
- Reasons for apprehension of arrest.
- Justification for seeking anticipatory bail (e.g., no prima facie evidence or fabricated charges).
Step 3: Filing the Application - The anticipatory bail application is filed in the appropriate court:
- Sessions Court: The application is initially filed in the court of the district where the alleged offense was committed.
- High Court: If the Sessions Court denies bail, the applicant can move to the High Court.
- Supreme Court: In rare cases, the applicant may directly approach the Supreme Court if fundamental rights are involved.
Step 4: Court Hearing
During the hearing: - The lawyer presents arguments in favor of the applicant, highlighting:
- No previous criminal history.
- Applicant’s cooperation with the investigation.
- Nature of the offense and lack of prima facie evidence.
- The opposing party (police or complainant) will present their objections.
Step 5: Court’s Decision - After evaluating the arguments and evidence, the court may grant or reject anticipatory bail. If granted, the court imposes specific conditions.
Conditions Typically Imposed for Anticipatory Bail
The court may impose the following conditions under Section 482(2) of the BNSS:
- The applicant must cooperate with the investigation.
- The applicant must not leave the country without the court’s permission.
- The applicant must not tamper with evidence or influence witnesses.
- The applicant must make themselves available for interrogation as required by the police.
Factors Considered by the Court While Granting Anticipatory Bail
The court evaluates the following aspects:
- Nature and Gravity of the Offense: Serious offenses like murder may reduce the likelihood of bail.
- Role of the Accused: Whether the accused had an active role in committing the offense.
- Likelihood of Misuse of Liberty: If the accused may flee, tamper with evidence, or influence witnesses.
- Prior Criminal Record: Applicants with a clean record are more likely to secure bail.
- Allegations of Fabrication: Whether the charges appear to be malafide or fabricated.
Grounds for Rejection of Anticipatory Bail
- Serious Offenses: Such as murder, terrorism, or sexual assault, where the accused may pose a threat to society.
- Repeated Bail Applications: Submitting the same application with no new grounds may lead to dismissal.
- Non-Cooperation with Investigation: If the accused fails to comply with previous conditions set by the court.
- Public Interest: If granting bail could harm public order or safety.
Validity of Anticipatory Bail
The validity of anticipatory bail is determined by the court. It may:
- Remain valid until the filing of the charge sheet or conclusion of the trial.
- Include specific time-bound conditions after which the accused may need to seek regular bail.
Important Legal Precedents
- Gurbaksh Singh Sibbia vs. State of Punjab (1980): The Supreme Court ruled that anticipatory bail is a judicial discretion and should not be granted mechanically.
- Sushila Aggarwal vs. State (2020): Clarified that anticipatory bail does not have an automatic expiration unless specified by the court.
FAQs
Q1: Can anticipatory bail be granted after an FIR is filed?
Yes, anticipatory bail can be filed before or after an FIR is registered if the person apprehends arrest.
Q2: Can anticipatory bail be applied in bailable offenses?
No, anticipatory bail is not needed for bailable offenses as bail is granted as a matter of right.
Q3: Can the court revoke anticipatory bail?
Yes, the court can revoke bail if the accused violates the conditions set by the court.
Q4: Can anticipatory bail be granted for a specific time period?
Yes, courts may grant time-bound anticipatory bail, especially in cases requiring further investigations.
Q5: Can women and minors seek anticipatory bail?
Yes, women, minors, and senior citizens may apply for anticipatory bail, and courts often consider leniency in such cases.
Conclusion
Anticipatory bail serves as an essential legal remedy to protect individuals from arbitrary arrest. Filing the application promptly and complying with court-mandated conditions are key steps to securing bail. Professional legal guidance is crucial for navigating the process effectively and presenting a strong case before the court.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304