Top Lawyers For Anticipatory Bail in Allahabad- 09454044636

There are various types of Bail in India and Anticipatory bail can be applied u/s 438 of the CrPC i.e. Criminal Procedure Code, 1973 in case of non-bailable offences. The provision under this section clearly states that the anticipatory bail is granted if the accusations are under non-bailable offences. This provision is specifically concerned with the law of personal liberty of an individual. This attracts personal liberty since the accused is innocent until he/she is proven to be guilty after investigation and trial court. The decision of granting an anticipatory bail to the accused lies on the honorable court and the decisions / orders may differ in every court. The Best Anticipatory Bail Lawyer in Allahabad High Court can help you deal with such application in criminal cases.

What are the Conditions for Granting an Anticipatory Bail in Allahabad High Court?

The person seeking anticipatory bail should have reason to believe that they may be arrested for a non-bailable offense. The court may also impose a monetary bond, which the person seeking anticipatory bail will have to pay if they fail to appear before the court or violate the conditions imposed.

The person seeking anticipatory bail must make themselves available for interrogation by the investigating officer as and when required.
The court may grant anticipatory bail for a limited period, and the person will have to surrender to custody once the period expires.
It is important to note that the granting of anticipatory bail is at the discretion of the court and is not an absolute right. The court will consider various factors, such as the nature and gravity of the offense, the antecedents of the person seeking anticipatory bail, and the likelihood of the person absconding or tampering with evidence, before deciding whether to grant anticipatory bail.

The Allahabad High Court on Monday comprising single bench of Justice Siddharth laid down detailed guidelines on grant of anticipatory bail listing out “appropriate cases” wherein anticipatory bail can be granted or rejected after the stage of filing of chargesheet.

When Anticipatory Bail can be granted by allahabad high court ?

The following can be considered as “appropriate cases” for grant of anticipatory bail to an accused apprehending arrest, even after submission of charge-sheet against the accused by the Investigating Officer of the police/after taking cognizance of offence against accused under Section 204 Cr.P.C. by the Court :-

1. Where the Investigating Officer has submitted chargesheet but it is argued that the statements of the witnesses recorded are not truthful. Truthfulness or otherwise of the statements of the witnesses recorded by investigating officer in support of complaint case are to be tested during trial and not at the stage of consideration of anticipatory bail application.
2. Where the F.I.R/complaint discloses the alleged offences and the Investigating Officer has collected material which supports the same, without any contradiction, even after considering the statements/material provided by the accused side.
3. Where there are cross cases registered by both the parties against each other and the offences alleged is fully proved and charge-sheet has been submitted. Since the incident, as alleged, has been found to have taken place and both the parties admit such an occurrence, hence, there is no doubt about the incident taking place.
4. Where charge-sheet has been submitted after compliance of the legal formalities like sanction for prosecution and the F.I.R/complaint has been lodged by the competent authority and there is supporting evidence.
5. Where the counterblast implication is alleged that earlier incident took place much before with the incident in dispute and there is no proximity of the second incident in terms of time with the second incident.
6. Where there exists a civil remedy but on the same set of allegations, civil wrong and criminal wrong both are made out and charge-sheet has been submitted only regarding the criminal wrong.
7. Where the Investigating Officer has approached the accused for recording of his statement during investigation and he has refused to give his statement to the Investigating Officer in his defence and charge-sheet has been submitted against him.
8. Where the accused has unsuccessfully challenged the charge-sheet before this Court or any proceedings are pending before this Court regarding the charge-sheet submitted against the accused.
9. Where the offence alleged is serious in nature, the accused is habitual in criminality, tendency of abscondance, has violated the conditions of bail granted to him earlier, etc.
10. Where the accused is avoiding appearance before the Court after the cognizance of offence has been taken by the Court on a police report or in a complaint and coercive processes have been repeatedly issued against him and there is no valid explanation given by the accused for his non-appearance before the Court.

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