Anticipatory Bail Law In India-
According to our law there are two type of offence.In simple way we could differentiate them as
1Bailable.
2.Non Bailable
First type cases accuse has a right to get bail But in second type cases its depends on honble court to provide bail or not. There are some Facts related to non bailable offence.In Indian law & crpc process any body who fear about arrest by police can be apply for anticipatruy bail.
PRINCIPLE TO GRANT ANTICIPATORY BAIL IN NON-BAILABLE CASES.
1.Nature and gravity of the accusation&exact role of accused.
2.The possibililty of the applicant to flee from justice.
3.Possibility of applicant likelyhood to repeat offences.
4.The antecedents of the applicant incuding the fact as the whether the accused has previously convicted by any court in cognizable offence.
5.Impact of grant of anticipatory bail specially in large magnitude cases which effect very large to society.
6. The hon"ble court must consider the entire material aginst the accused in very carefully ways.also court must clearly comprehend the exact role of accused in case.
7. Court consider resonable apprehension of tempering of the witness.
8.If any doubt of false implcation by prosecution court also consider these facts on the basis of prima facie cases material on record etc.
9. Applicant should apply to the court u/s 438 crpc. with the halp of an advocate for anticipatory bail in session court after rejection in session court applicant could apply to high court of his state and finally he may apply to supreme court of india if prima facie case is in his favour,Apex court may consider his petition or special leave petition.
Adv. N.K Sharma
Office 116, Kautilya Appts.
Dwarka sec 14,New Delhi
Mob no 09599356446,+918860051899
Email lawyernks@gmail.com
Thank you for shedding light on the crucial role of Bail Advocates in Delhi. As someone who has experienced the daunting complexities of legal procedures, particularly in obtaining bail, I understand the significance of having a proficient advocate by your side. Delhi's legal landscape can be intricate, and skilled bail advocates play a pivotal role in navigating these complexities while safeguarding an individual's rights. Their expertise, strategic approach, and dedication to securing timely bail are invaluable.
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