What is anticipatory bail?
Anticipatory bail also known as pre-arrest bail is an extraordinary remedy given by the High Court Division to an accused in criminal cases. As the words anticipatory bail suggests, anticipatory bail is granted in anticipation of arrest. This is also known as Agham Jamin in Bangla.
May I seek anticipatory bail?
If a criminal case is lodged against you with a police station or in court and the alleged offence is a non-bailable one, you may seek anticipatory bail from the High Court Division. There is no law that guarantees anticipatory bail for an accused. Rather, granting of anticipatory bail is a discretionary power of the Court. Depending on your case, you may or may not be granted anticipatory bail.
What do courts consider in granting anticipatory bail?
In granting anticipatory bail courts usually consider, among other things, gravity of the alleged offence, character, behavior and position of the accused, possibility of absconsion of the accused etc. Moreover, if the charge sheet of the case is submitted by police already, you will no longer be eligible for anticipatory bail.
For how long anticipatory bail is granted?
Anticipatory bail is usually granted for short period of time to protect the accused from unnecessary harassment by law enforcement agency. Such bail ordinarily does not continue more than 8(eight)weeks, or after submission of charge sheet. You will need to surrender before the concerned sub-ordinate court within the period of bail and obtain regular bail.
What documents do I need to apply for anticipatory bail?
To apply for anticipatory bail, you will need a copy of the FIR (First Information Report), if the case is lodged with Police Station, or copy of the Complaint Petition, if the case is filed in Court. If you have other documents pertaining to your case, do forward all the documents to your lawyer.
Do I need to be physically present in the court for anticipatory bail?
An accused must physically appear before the High Court Division in the court on the date of hearing of the application for bail with necessary identification documents with other documents advised by your lawyer.
Purpose of anticipatory bail
Anticipatory bail is granted to accused to protect them as well as their family members from unnecessary harassment, humiliation and disgrace associated with arrest. In case you are in need of anticipatory bail, directly contact a lawyer practicing in the High Court Division as soon as you receive a copy of your case.
