While bail usually comes after the stigma and the trauma of being arrested, anticipatory bail helps the accused person to avoid police custody and jail altogether. Here are some frequently asked questions people tend to ask regarding procedure and grant of bail.
HOW TO GET BAIL
Yes, you can get bail for a non-bailable offence. You can apply for a bail in the Sessions court or the High Court. But it is not certain because it depends on the seriousness of your case and the discretion of the court. Hence, it is advisable that you consult a good lawyer for the same.
Yes you must get bail in case you have been charged with a bailable offence. It is your legal right. For bailable offence, you do not need to go to the cout. it is granted by the police-in-charge at the police station. You may need to execute certain bond and sureties.
ALL ABOUT ANTICIPATORY BAIL
This concerns the jurisdiction of the court. You can file for anticipatory bail in the district court where offence is committed or you can file the same in the High Court.
PROCEDURE TO GET ANTICIPATORY BAIL
At the time of granting the anticipatory bail the court imposes certain terms and conditions.If you do not follow these directions given by the court, the court may cancel your anticipatory bail.A request for cancellation of the anticipatory bail can be made by the opposite party or the police, in case you violate any of the directions imposed by the Court while granting you bail.
At the time of granting the anticipatory bail the court imposes certain terms and conditions and often contains restriction to travel abroad. At the time of granting the court might sieze your passport as well. This is a measure taken by the court to avoid you from absconding. However, in special cases or under exceptional circumstances the court might grant you to go abroad, provided the court is satisfied with your reasons.
No, you need not take a regular bail; your anticipatory bail shall remain valid till the trial procedure ends, unless the court cancels it. A request for cancellation of the anticipatory bail can be made by the opposite party or the police, in case you violate any of the directions imposed by the Court while granting you bail.
In some cases, anticipatory bail remains in force for the time period granted by the court, in the bail order itself. However, sometimes this order remains valid till the end of the trial proceedings.
In states where there is no provision for anticipatory bail, you can apply for a stay on arrest. This order stops the police from arresting you or your parents without the permission of the court. The procedure to obtain a stay on arrest is similar to the procedure followed to get an anticipatory bail.
ANTICIPATORY BAIL UNDER 498A
You should immediately file for an anticipatory bail in the sessions court or the high court. You must consult a lawyer for drafting and filing of the anticipatory bail application. Further, you should try to collect evidence against your wife and her family, to prove their guilt in court.
No, you cannot be arrested once you have been granted anticipatory bail by the court. However, if you do not follow the court’s directions with regard to attending the court proceedings or making yourself available to the police for any kind of questioning, the court may cancel your bail and then you shall be arrested.
RIGHTS OF WOMEN IN BAIL MATTERS
Yes, you can refuse to be searched by a male police officer. It is within your rights to be arrested and searched by a female police officer only.
Yes, you can be detained in police custody but the police officer, who makes an application to detain you, shall be responsible for your safety and decent custody.