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Aug 84 min read

Where To Take Legal Advice On Anticipatory Bail ?

The Right To Liberty Is A Natural Right As Well As A Fundamental Right Of A Person. However, It Is Important For A Person To Respect The Rights Of Others As Has Been Recognised By The Law Such As Inviolability Of Body And Property. To Arrest A Person Would Deprive Him Of His Right To Liberty. The Option Of Bail, However, Has Been Provided To Set Such A Person Free After Securing His Promise To Take Trial At A Future Date And Undergo Any Punishment When Found Guilty. 

Anticipatory Bail-


The Concept Of Anticipatory Bail Comes Into Question In A Situation Where The Accused Rightfully Fears Arrest In Cases Related To Cognizable Offences. On The Basis Of The Gravity Of The Allegations, A Person Will Be Able To Avoid Arrest Altogether. But There Are Situations, Where An Arrest Is Made And The Accused Is Set Free As Per The Provisions Of The Bail As Provided Under The Criminal Procedure Code. In Criminal Cases, Especially In The Case Of Dowry Demands, An Anticipation Bail May Come As A Relief For Many People. As Can Be Understood From The Name Itself, It Can Be Applied For In The Anticipation Of An Arrest. 


Application For Anticipatory Bail- 


Anticipatory Bail Is A Direction To Release A Person On Bail, Issued Even Before Such Person Is Arrested. If The Accused Has A Reason To Believe That He/She Will Get Arrested While Being Accused Of Having Committed A Non-Bailable Offence, Then In Such A Case, He/She Can Apply For An Anticipatory Bail In The Sessions Court Or High Court. An Application For Anticipatory Bail Could Be Applied For After You Learn About A Criminal Complaint Which Has Been Filed Against You. 


Anticipatory Bail Could Be Filed Under Section 438 Of The Crpc-


A Number Of Misconceptions Are There In Case Of An Anticipatory Bail. One Of These  Misconceptions Is That A Complaint, If It Has Been Filed Under Section 498a Of The Ipc Would Automatically Mean Arrest Warrant. However, This Is Not True. Another Misconception Is That To Apply For An Anticipation Bail, It Is Necessary That A Fir Has Been Lodged Against You. The Truth Is,  Such Is Not The Case. Thus, It Is Important For You To Understand The Concept Of Section 438 Of The Crpc, For Which You Could Seek Help From An Experienced Advocate.


Criminal Lawyer- 


Criminal Cases Could Be Completely Different From Case To Case, For Example, A Divorce Lawyer In Delhi Can  Help You Understand Your Case Related To Dowry, Divorce Or Domestic Violence In A Better Light And Could Help You To Find Related Evidence And Reasons As To How You Can Win Your Case. 

An Experienced Lawyer Would Be Able To Help You Spot Arguments Or Facts Which Could Mitigate Or Even Negate Any Potential Crime. Even If You Are Guilty Or The Evidence In The Case Is Against You, Your Lawyer Would Be Able To Help You Reduce Fines Or Jail Times. 


Duties Of Your Lawyer 


Your Lawyer Should Be Dynamic And Trustworthy And Should Also Be Able To Explain Complex Topics To The Court, He/She Should Be Prepared To Discuss Every Aspect Of The Case. 


  • Pursue Justice- The Criminal Lawyer Appointed By You Should Be Responsible To Uphold Your Rights, So That You Could Be Treated With Fairness In Accordance To The Same Law Of Which They Are Being Suspected Of Breaking.

  • Help Obtaining The Evidence As Well Evaluate It- The Lawyer Appointed By You Should  Be Able To Find Evidence Which Can Help His Client Prove His/Her Innocence. The Criminal Lawyer Must Be Able To Review The Evidence So As To Ensure If The Evidence So Produced Is Valid. If The Defence Lawyer Appointed By You Has Reason To Believe That The Evidence So Produced  Is Not Valid Or Does Not Support The Allegations Made Against His Client, Then In Such A Situation He Should Work Tirelessly To Have The Case Dropped Against His/Her Client As Soon As Possible. 

  • Should Ensure That His Clients Are Aware Of His Rights- As Has Been Provided Under   The Criminal Law, A Client Must Be Aware Of His Rights. Your Lawyer Would Ensure That You Are Aware Of Your Rights, Also Preparing You For What You Could Expect During The Court Proceedings. 


Conclusion


Some Criminal Lawyers Specialise In Certain Types Of Cases Only, While Others Do Not, Hence Not Every Criminal Lawyer Deals With The Same Kind Of Cases. For Example, For Cases Related To Divorce, Dowry, Maintenance, Etc, You Would Have To Seek Guidance From Divorce Lawyers In Gurgaon Or Divorce Lawyers In Cuttack Or Your City.  While Filing A Case In The Criminal Court, It Is The Duty Of Your Criminal Lawyer To Ensure That Your Rights Are Protected Throughout The Process. Similarly, A Criminal Lawyer Will Offer You Every Important Detail Regarding The Procedure Of Anticipatory Bail In Relation To Your Case As Well Offer You Necessary Guidance. When  Hiring A Criminal Lawyer, You Can Look For References Amongst Your Friends, Family Or Can Also Do An Online Search. Legal Firms Also Offer You Several Experienced Advocates As Per The Subject Matter Of Your Case.


Lead India Offers You Experienced Advocates Who Will Assist You With The Criminal Proceedings If You Are Facing Criminal Charges Or If You Need To File A Case If A Wrong Has Been Committed Against You. Hence, If You Seek Free Legal Advice Online Or Wish To Talk To A Lawyer, You May Contact Us. 


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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