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I want to know about Anticipatory bail. When can I take this bail and for how long does it valid? Please tell me details.

I want to know about Anticipatory bail. When can I take this bail and for how long does it valid? Please tell me details.

Ans.  

You can apply for anticipatory bail if you think that you can be arrested soon due to some complaint against you. So in order to save yourself from arrest you can approach local district court or high court for anticipatory bail mentioning facts of the case and why you want anticipatory bail. It can be filed under Section 438 of Crpc. This bail comes to action only if FIR has been lodged against you and police comes to arrest you. So at that time you can show bail order from court received by you and by that police is bound to release you from custody.

 Generally it is filed in local District court before Session judge but is he refused to give anticipatory bail then you have option to move to high court. But in certain circumstances you can directly file for bail in high court. Anticipatory bail is generally valid for 30 days but sometime court can grant more time period depends on case and circumstances. So this is within jurisdiction and authority of court to decide validity of bail granted. On expiry of stipulated time granted for bail, accused have to reply for fresh bail or file an application for extension of the said bail granted. This is generally granted till the submission of charge sheet after investigation. 

Similiar Questions

At what stage can accused apply for bail?

Ans.  Bail application can be filed at any stage of pending court proceedings. Police authorities are required to present accused before magistrate within 48 hrs of his arrest, if case is not finalize at that stage you can apply for bail bond.

In case of civil matter, do I need to apply for bail?

Ans.  No, civil suit is not cognizable offence unlike criminal complaint. So one no need to apply for bail.

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