On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court public prosecutor can also be used to do this. But let it be said that in law the terms 'liable' and 'potentially liable' are potentially liable to mean different things —not to mention that neither can be said to be synonymous with the term 'should'— before starting the explanation. That the application is made bona fide and in the interest of justice. If an application in the Sessions Court is rejected, the person may file the same in the High Court, but not vice versa. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice. What are the documents required What is the format of Anticipatory Bail Application for High Court? That neither any recovery is to be effected from the applicant nor the applicant is in a position to temper with the prosecution evidence.
There is no reason court refuse bail in normal situation in 498A, other than physical assault or nay other serious issue. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice. Normally the police do not arrest because your application is pending. This sort of misunderstanding comes from the use of the word 'regular' in the context of ordinary bail. Rejection of an anticipatory bail application does not absolve the arresting officer of this responsibility. I am the petitioner above-named.
The Petitioner shall apply for obtaining certified copies of the annexures and undertake to file the same in court as and when the same are made available. It is further submitted that prior to three months deceased and her husband were residing separately from the other family members. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them. It is one of the precious rights. Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
That the police has falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case. C Such other and further order in the interest of justice, equity and conscience be granted. That I am conversant with the facts and circumstances of the case. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner. It is important to note that the attendance of the person apprehending arrest is compulsory at the final hearing. The court must be satisfied that there is a reasonable cause and a reasonable ground for grant of anticipatory bail. Annexure A — Copy of order dated 15.
That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application. All relevant documents are also to be filed alongwith the bail format India on the basis of which the applicant is seeking bail from the court. Copies of all the relevant documents are required to be attached alongwith the anticipatory bail application. Although there are no provision in Section 438 for issuing notice to the Public Prosecutor lawyer which appears on behalf of the government and hearing by the court but as held by the Supreme Court in Gurbaksh Singh Sibbia v. Annexure C— Copy of order dated 10.
Main of 2002 In the matter of: Neeru Holdings Pvt. No person can be deprived of his personal liberty and can be detained unnecessarily. The applicant is also required to swear an affidavit in support of the anticipatory bail application. This post aims to bring to light the substance and law behind this often-misunderstood aspect of procedural law. Please make necessary modification on the basis of facts of the case.
On the next date of hearing let your advocate pray for order for personal presence of the I. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. It is submitted that both the petitioners are innocent and they have not committed any offence. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required. That on 12-9-2001, the matter of grant of bail to the respondent No. Being aggrieved and dissatisfied with the judgment and order of the Learned Additional Sessions Judge, the petitioner begs to prefer this application on the following amongst other grounds.
Only little change of circumstances that the accuesd who got Regular Bail untill the investigation official filing challan he shall be out but kept in 2 Corner. Main of 2002 In the matter of: Neeru Holdings Pvt. It is given orally-to be reduced in writing or in writing to the officer in-charge of the police station. Anticipatory Bail Application Before High Court Format download. Nothing on this website should be interpreted to constitute any legal advice. This is only a draft format.
Then there will be a hearing scheduled by the court for the petition. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application. It then asked the Law Commission of India to take into consideration this matter and the section have been added as a result of its report. He was kept at Ville Parle police station in Mumbai. This procedural code specifies exactly the powers and duties of courts, lawyers, police, accused, and complainants. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice. The third thing to note is that urgency of arrest increases with increase in the seriousness of any crime.