Anticipatory Bail

Types of Offenses and Bail

• Bailable Offenses: For lesser crimes, bail is granted as a matter of right, without any judicial discretion.
• Non-Bailable Offenses: Reserved for serious crimes, bail is subject to judicial discretion. Courts assess factors such as the severity of the crime, the accused’s conduct, and potential risks to victims or witnesses before granting bail. Anticipatory bail provides protection for individuals facing such accusations by preventing arbitrary arrest.

Role of High Courts in Granting Bail

For offenses punishable by imprisonment of seven years or more, the High Courts and Sessions Courts hold discretionary powers under BNS and BNSS.

• Decision Parameters: The courts consider factors such as the accused’s health, age, gender, and the gravity of the charges.
• Special Provisions:
  • Under stringent laws like the NDPS Act (Narcotic Drugs and Psychotropic Substances Act) and UAPA Act (Unlawful Activities Prevention Act), bail conditions override general provisions, requiring careful judicial scrutiny.
  • Anticipatory bail is generally not granted in cases under these laws due to the serious nature of the offenses.

Comprehensive Process for Bail Applications

1. Case Analysis and Bail Recommendation: Advocate Vikas Dongre conducts an exhaustive analysis of each case to determine the most appropriate type of bail application, ensuring alignment with BNS and BNSS provisions.
2. Guidance on Documentation: Legal experts guide clients in compiling essential documents and evidence to build a strong and persuasive bail application.
3. Filing and Representation: Advocate Vikas Dongre personally oversees the drafting and filing of bail applications, including anticipatory bail under Section 438 of the BNS.
4. Dealing with Authorities: With extensive experience interacting with police stations and investigative agencies, Advocate Dongre ensures smooth coordination, protecting clients’ rights throughout the process.

Eligibility for Anticipatory Bail

Under Section 193 of the BNSS, an individual who anticipates arrest for a non-bailable offense can apply for anticipatory bail. However, the following conditions apply:

• If an individual is a proclaimed offender under Section 85 of BNSS, they cannot seek anticipatory bail.
• Courts assess factors such as the merit of the case, criminal history, and the risk of absconding before granting anticipatory bail.

In State v. Pradeep Sharma, the Supreme Court held that anticipatory bail cannot be granted to an absconder or proclaimed offender.

Conditions for Obtaining Anticipatory Bail

As per Section 193(2) of BNSS, anticipatory bail is subject to strict conditions:

• The applicant must present themselves for investigation as required.
• The applicant cannot leave the country without prior court approval.
• The applicant must provide residential and contact details to authorities.
• The applicant cannot influence, threaten, or interfere with witnesses.

Regular bail is granted after an individual is arrested, whereas anticipatory bail is sought in anticipation of arrest.

Why Advocate Vikas Dongre?

• Expert in Criminal Law: A trusted name in handling intricate legal matters under the BNS and BNSS framework.
• Strategic Expertise in NDPS and ED Cases: Proven success in navigating complex narcotics and economic offenses.
• Client-Focused Approach: Emphasizing preventive lawyering to minimize risks while ensuring personalized and effective legal representation.