What is the process and requirements for obtaining anticipatory bail in India?

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To obtain anticipatory bail in India, the following process and requirements are necessary as per seasoned lawyers at SimranLaw:

1. Filing an application: The first step in obtaining anticipatory bail involves filing an application for the same in either the Session Court or the High Court. This application is prepared by a lawyer on behalf of the applicant.

2. Notice to the Public Prosecutor: After the application for anticipatory bail is filed, a notice is issued to the Public Prosecutor and Superintendent of Police to present their arguments before a bail order is granted.

3. Presentation of the case: The applicant’s lawyer then presents the case, where they need to establish that their client has ‘reasonable apprehension’ of being arrested for a non-bailable offence. They must also prove that the applicant poses no threat to the community or the investigation process.

4. Evaluation by the court: The court evaluates the arguments and evidence presented before deciding whether to grant anticipatory bail. Factors such as the seriousness of the alleged crime, the risk of evidence tampering, and the applicant’s criminal history are taken into account.

5. Granting of bail: If the court is convinced by the applicant’s arguments, it may grant anticipatory bail. This typically includes certain conditions that need to be fulfilled by the applicant, such as not leaving the country without court’s permission, not tampering with evidence or influencing witnesses, etc.

Requirements:

1. Anticipatory bail can only be sought by a person who has a ‘reasonable apprehension’ of being arrested for a non-bailable offence.

2. The application should include all relevant facts about the case including the nature of accusations, the role of the accused, etc.

3. It should be supported by documents such as FIR, complaint copy or any other document which supports their apprehension of arrest.

4. Disclosure about any previous applications for such relief, whether they were granted or rejected, is mandatory.

5. The person seeking anticipate bail should be ready to offer sureties or securities as may be deemed necessary by the court.

The above information provides a general guideline for obtaining anticipatory bail in India. However, it’s always beneficial to consult with an experienced lawyer who has adequate knowledge about the specific circumstances and legal nuances related to the case.