Anticipatory Bail is an order of releasing a person issued even before the arrest is ordered; it is useful if the party expects that they will be arrested based on unfair means. As per the criminal code, the offenses are categorized as bailable and non-bailable. Available offenses are those in which the accused can be bailed after the arrest has already happened and non-bailable offenses, on the other hand, are more serious criminal cases in which the accused cannot be freed after arrest. The difference lies in the chances of evidence being tampered with, health, age, sex of the accused, and gravity of the offense. Therefore, getting out on anticipatory bail from the Supreme Court is crucial if the accused expects any false facts in the case that can lead to arrest for a non-bailable offense.

Who Can Apply For Anticipatory Bail?

Any person who is accused in an ongoing case that is likely to end in the non-bailable arrest of that person can apply for anticipatory bail. The main conditions for application are- the person has genuine reasons to claim that the arrest is based on false claims of evidence, and the court believes that there is no threat to the witness or evidence if the person is released. To prove these conditions as true to the Supreme Court, a professional lawyer is required. The lawyer will be responsible for drafting the affidavit, which supports the anticipatory bail and represents the accused in the court. Getting an anticipatory bail from Supreme Court is not an easy task, but it is possible with the right lawyer and enough evidence. It is really helpful if the accused is someone whose character is endangered because of a false accusation.

How Does Anticipatory Bail Function?

Anticipatory bail can be filed even before the First Information Report (FIR) is lodged with the police accusing the concerned person. As soon as a person realizes some reasonable grounds that can lead to arrest, the accused's lawyer can directly apply for anticipatory bail. The attorney can draft the application on behalf of the accused and get it signed. The application must include a detailed testimony stating all the arguments and reasons to support the bail application. If no FIR is filed, your lawyer must get a pre-arrest notice from the Supreme Court. Again, it is the attorney's responsibility to make sure that every step of the procedure is well organized and will be surely granted by the Supreme Court. Remember, bail from the Supreme Court can only be granted if the accused accepts all the court conditions.

For getting anticipatory bail hiring the best professional lawyer is crucial to make sure the case is directed towards justice for the accused and others. A lawyer must have the appropriate knowledge to deal with a case in the Supreme Court. Anticipatory bail is a right given to the accused if there is any unreasonable occurring in the case. Therefore, an experienced and cognizant attorney is required to represent the accused party in the Supreme Court while applying for anticipatory bail to legally safeguard the accused's liberty.

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