Anticipatory Bail– Grounds for filing in appropriate court and Conditions imposed while granting Anticipatory bail.
What is Anticipatory Bail? is a question frequently asked and therefore it is important to see how such an application is filed. Anticipatory Bail application is filed before the sessions courts and thereafter if rejected then approach the High Court. In case even high court rejects then one may approach the Hon’ble Supreme Court by way of a Special leave Petition.
Grounds
The Court exercises its discretionary power while granting interim bail . It all depends on the following grounds or factors while the court considers before granting anticipatory bail.
- That there is no possibility of absconding from trial
- Gravity offence is very important
- Lastly there is no possibility of tampering evidence or even influencing any witness whatsoever.
There are several landmark judgments that can be referred to in this regards.
Offences for which anticipatory bail is filed
When there is apprehension of arrest when there is an accusation of of a cognizable and non-bailable offence. One should also keep in mind that filing an application for anticipatory bail should be done with proper legal advise from an experienced criminal attorney , it should not be filed just because an FIR has been filed without any strong proof of facts and also when one apprehends that there is possibility that his anticipatory bail application may be rejected. In both scenario it is extremely important to seek legal assistance.
Duration of AB
Anticipatory bail usually goes on till the end of trial . Sushila Aggarwal & Ors. vs. State (NCT of Delhi) & Anr, 2020 SCC OnLine SC 98] is one such judgment one may refer to.
Conditions imposed by court while granting Anticipatory Bail
The following conditions as given below are usually imposed by the Court granting anticipatory bail and most common of which are that the accused shall make himself available for interrogation by the investigating officer as and when required and shall not tamper with evidence or influence witnesses and shall not cooperate with the investigation. The conditions could also include directions to be released on bail on furnishing a bail bond for a certain sum with two sureties of the like amount to the satisfaction of the learned Trial Court / Duty Metropolitan Magistrate, subject to terms and conditions also may be to upon his release shall provide his mobile number to the concerned IO / SHO and keep it switched on at all times , the accused /applicant shall not take unwarranted adjournment and attend the Trial Court proceedings on every date and will also not leave the city without informing the concerned IO / SHO and most importantly he shall not in any manner contact the complainant/prosecutrix or the witnesses, and will also not leave the country without permission of the learned Trial Court and will also not reside or visit the locality where the prosecutrix resides and provide proof of his residence upon release with a minimum distance which may be mentioned in the order subject to the satisfaction of the Ld .trial court
Cancellation of Anticipatory Bail
In the event if the applicant is found to be violating any of the conditions, it would be open to the State to seek redressal by filing appropriate application for cancellation of bail.
Judgments relied upon while granting interim Bail
- NANDAN PURI V. STATE OF NCT OF DELHI in BAIL APPLN. 1142/2021
- Vaman Narain Ghiya vs State Of Rajasthan on 12 December, 2008
- Moti Ram & Ors vs State Of M.P on 24 August, 1978
- State Through Delhi … vs Sanjay Gandhi on 5 May, 1978
(1978 AIR 961, 1978 SCR (3) 950)
Conclusion
As must as it is important to abide by the conditions of anticipatory bail as per the order, in case of any violation of the said conditions the the police or as the case may be the investigating agency can move the court which granted the AB under Section 439 (2) for direction to arrest the accused. Therefore it is advisable to contact highly experienced criminal lawyer in this regards.
For More information kindly click here or you may also contact Advocate Tapan Choudhury at 9873628941 for any urgent assistance in filing an Anticipatory Bail Application or even a Special Leave Petition before the Hon’ble Supreme Court
