Bail Cases Law Firm in Delhi.
Anticipatory bail is a type of bail granted to an individual who anticipates arrest and seeks court intervention to secure release on bail. Here’s an overview of anticipatory bail:
Key Aspects of Anticipatory Bail:
1. Pre-Arrest Legal Protection: Protection from arrest and detention.
2. Court Intervention: Court grants bail before arrest.
3. Limited to Specific Offenses: Applicable to non-bailable offenses.
4. Conditions Apply: Grant of bail subject to conditions.
Anticipatory Bail Process:
1. File an Application: Applicant files for anticipatory bail.
2. Notice to Prosecution: Prosecution receives notice and may oppose.
3. Court Hearing: Court hears arguments and decides.
4. Grant or Rejection: Bail granted or rejected with reasons.
Grounds for Granting Anticipatory Bail:
1. Reasonable Apprehension of Arrest
2. Non-Bailable Offense
3. No Prior Convictions
4. Cooperation with Investigation
5. No Flight Risk
Differences between Anticipatory Bail and Regular Bail:
1. Timing: Anticipatory bail before arrest, regular bail after arrest.
2. Purpose: Anticipatory bail prevents arrest, regular bail secures release.
3. Conditions: Anticipatory bail conditions more stringent.
By understanding anticipatory bail, individuals can seek legal protection and avoid unnecessary detention.