What is Anticipatory Bail?

In India, when an accused person fears arrest on the accusation of having committed a non-bailable offense, he may apply for anticipatory bail. The court may then grant him pre-arrest bail. However, this does not mean that the accused person will not be arrested. The police may still arrest him, but they must produce him before the court within 24 hours of his arrest. 

What is the difference between Bailable and Non-Bailable Offenses?

A bailable offense is one in which the person accused of the offense has the right to be released on bail. A non-bailable offense is one in which the person accused of the offense does not have the right to be released on bail.

In India, there are four categories of offenses: bailable, cognizable, compoundsble, and non-compoundable.

A bailable offense is one in which the accused has the right to be released on bail. The bail may be granted by a police officer or a magistrate.

A cognizable offense is one in which a police officer can make an arrest without a warrant.

A compoundable offense is one in which the parties to the offense agree to settle the matter out of court.

A non-compoundable offense is one in which the parties to the offense do not agree to settle the matter out of court.

 

What are Anticipatory Bail Guidelines?

The following are guidelines for anticipatory bail:

1) The applicant must show that he has reason to believe that he may be arrested on accusation of having committed a non-bailable offense.

2) The applicant must show that he is not likely to abscond if granted anticipatory bail.

3) The applicant must show that he is not likely to commit any other offense if granted anticipatory bail.

4) The court must be satisfied that there are grounds for granting anticipatory bail.

5) The court must record its reasons for granting anticipatory bail.

 

Conclusion:

Ultimately, whether or not to grant anticipatory bail lies within the discretion of the court. However, these guidelines provide some guidance as to when anticipatory bail may or may not be granted you can take help from ​​Lawyers For Anticipatory Bail in  Janakpuri. If you find yourself in a situation where you may need anticipatory bail, it is important to speak with a lawyer who can advise you as to your best course of action.