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Advocate Allahabad High Court

Advocate Allahabad High Court

Best Anticipatory Bail Advocate Allahabad High Court,
Allahabad High Court based in Prayagraj Uttar Pradesh

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Anticipatory Bail Allahabad High Court

Anticipatory Bail Allahabad High Court | Call 9454044636

Advocate Shashank Shekhar Dwivedi is Anticipatory bail Advocate Allahabad High Court . With his extensive knowledge and experience, he specializes in handling complex criminal cases such as Bail, Anticipatory Bail, Quashing of FIR, and Arrest Stay. Allahabad, Prayagraj, Lucknow, Ghaziabad, Noida, Greater Noida, Bijnor, Kanpur, Saharanpur, Fatehpur, Agra, Meerut, Bagpat, Firozabad, Mathura, Aligarh, Varanasi, Gorakhpur, Jhansi.

Best Advocate in Allahabad High Court

Anticipatory Bail: It is a legal provision that allows an accused person to apply for bail before being arrested. In India, pre-arrest bail is granted under section 438 of the Code of Criminal Procedure, 1973. It is issued only by the Sessions Court and Allahabad High Court.

The provision of pre-arrest bail is discretionary, and the court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors. The court may also impose certain conditions while granting bail, such as surrendering the passport, refraining from leaving the country, or reporting to the police station regularly.

Anticipatory Bail, Regular Bail, Arrest Stay, Quashing of Fir, Service Matters, Writ, Theft, Frauds, Murder, Court Marriage, Dowry, False Fir, False Rape, Cyber crime.

Best Lawyer Allahabad High Court:​

Advocate Shashank Shekhar Dwivedi is one of the best lawyer Allahabad High Court. He has good knowledge and experience in criminal cases like Bail, Anticipatory Bail, Quashing of Fir, and Arrest Stay. His motive is to provide relief to his clients. He gives reliable and realistic legal advice. He prosecuted complicated and high-profile severe cases. His advice will be tailored to your specific requirements and practical needs, coupled with viable solutions. He will bring the best possible outcome for your issues.

When you consult with our lawyers, you get the benefit of the whole firm’s knowledge and experience.

Allahabad High Court issued guidelines regarding Anticipatory Bail:

The Allahabad High Court on Monday comprising single bench of Justice Siddharth laid down detailed guidelines on grant of anticipatory bail listing out “appropriate cases” wherein anticipatory bail can be granted or rejected after the stage of filing of chargesheet.
When Anticipatory Bail can be granted by allahabad high court ?

The following can be considered as “appropriate cases” for grant of anticipatory bail to an accused apprehending arrest, even after submission of charge-sheet against the accused by the Investigating Officer of the police/after taking cognizance of offence against accused under Section 204 Cr.P.C. by the Court :-

1) Where the charge-sheet has been submitted by the Investigating Officer/cognizance has been taken by the Court, but the merits of the F.I.R/complaint that has been lodged by the informant/complainant are such that it cannot be proved against the accused in the Court;

2) Where there exists a civil remedy and resort has been made to criminal remedy. This has been done because either the civil remedy has become barred by law of limitation or involves time-consuming procedural formalities or involves payment of heavy court fee, like in recovery suits.

3) When the F.I.R/complaint has clearly been lodged by way of counterblast to an earlier F.I.R lodged/complaint filed by the accused against the informant/complainant in near proximity of time. The motive of lodging the false F.I.R/complaint is apparent and from the material collected by the Investigating Officer or from the statements of witnesses in complaint case, there is no consideration of the earlier F.I.R lodged/complaint filed by the accused against the informant/complainant;

4) Where the allegations made in the F.I.R/complaint or in the statement of the witnesses recorded in support of the same, taken at their face value, do not make out any case against the accused or the F.I.R/complaint does not discloses the essential ingredients of the offences alleged;

5) Where the allegations made in the F.I.R/complaint are patently absurd and inherently improbable so that no prudent person can ever reach such conclusion that there is sufficient ground for proceeding against the accused;

6) Where charge-sheet has been submitted on the basis of evidence or materials which are wholly irrelevant or inadmissible;

7) Where charge-sheet has been submitted/complaint has been filed but on account of some legal defect, like want of sanction, filing of complaint/F.I.R by legally incompetent authority, it cannot proceed;

8) Where the allegation in the F.I.R/complaint do not consitute cognizable offence but constitute only a noncognizable offence and investigation has been done by police without order of Magistrate u/s 155(2) Cr.P.C;

9) Where the part of charge in the charge-sheet regarding major offence alleged is not found to be proved and only minor offence has been found to be proved by the Investigating Officer, from the material collected by him during the investigation, the Court can consider granting anticipatory bail to an accused. Since after investigation and submission of charge-sheet the prosecution allegations in the F.I.R have not been found to be fully correct by the Investigating Officer and only part of the charges are found to be proved;

10) Where the investigation has been conducted by the Investigating Officer but the statement of the accused persons have not been recorded by the Investigating Officer and charge-sheet has been submitted only by relying upon the witnesses of the prosecution side.

11) Where there is statutory bar regarding filing of F.I.R and only complaint can be filed, charge-sheet submitted against an accused in such cases would entitle him to apply for anticipatory bail after submission of chargesheet by the Investigating Officer.

When Anticipatory bail can not be granted bey allahabad high court?

The following cases, anticipatory bail cannot be granted to an accused bey allahabad high court after submission of charge-sheet –

1) Where the Investigating Officer has submitted chargesheet but it is argued that the statements of the witnesses recorded are not truthful. Truthfulness or otherwise of the statements of the witnesses recorded by investigating officer in support of complaint case are to be tested during trial and not at the stage of consideration of anticipatory bail application;

2) Where the F.I.R/complaint discloses the alleged offences and the Investigating Officer has collected material which supports the same, without any contradiction, even after considering the statements/material provided by the accused side;

3) Where there are cross cases registered by both the parties against each other and the offences alleged is fully proved and charge-sheet has been submitted. Since the incident, as alleged, has been found to have taken place and both the parties admit such an occurrence, hence, there is no doubt about the incident taking place;

4) Where charge-sheet has been submitted after compliance of the legal formalities like sanction for prosecution and the F.I.R/complaint has been lodged by the competent authority and there is supporting evidence;

5) Where the counterblast implication is alleged that earlier incident took place much before with the incident in dispute and there is no proximity of the second incident in terms of time with the second incident;

6) Where there exists a civil remedy but on the same set of allegations, civil wrong and criminal wrong both are made out and charge-sheet has been submitted only regarding the criminal wrong;

7) Where the Investigating Officer has approached the accused for recording of his statement during investigation and he has refused to give his statement to the Investigating Officer in his defence and charge-sheet has been submitted against him;

8) Where the accused has unsuccessfully challenged the charge-sheet before this Court or any proceedings are pending before this Court regarding the charge-sheet submitted against the accused;

9) Where the offence alleged is serious in nature, the accused is habitual in criminality, tendency of abscondance, has violated the conditions of bail granted to him earlier, etc.

  1. 10) Where the accused is avoiding appearance before the Court after the cognizance of offence has been taken by the Court on a police report or in a complaint and coercive processes have been repeatedly issued against him and there is no valid explanation given by the accused for his non-appearance before the Court.

Best Anticipatory Bail Lawyer in Allahabad High Court :

Best Anticipatory Bail Lawyer in Allahabad High Court can help you file and get the relied if you fear for the arrest. You should consult with a renowned and trustworthy lawyer to apply for an Anticipatory Bail. If you can consult and file your application through the best Anticipatory Bail Lawyer in Mumbai you have more chances to get the relief from the court sooner.

Advocate Shashank Shekhar Dwivedi is an award winning Law firm serving clients across the globe for their cases in India. If you are facing any criminal charges again you and need to get relief from the court, you are at right place. Your next step should be to contact our law firm to explain your side of the story and file relevant applications to get the relief. The best Anticipatory Bail Lawyer can protect you from the arrest.

There are various factors on which Anticipatory bail is granted. If your FIR includes non-bailable sections it is very much important and urgent to file anticipatory bail in the court to prevent form the arrest in the hands of the police officer. In case the FIR is not filed yet but you sense that IPC sections that can put you behind the bars will be added by the officer, it is better to stay away from the officer and file immediately for the Anticipatory Bail in the court. Once you get interim relief after filing through a best Anticipatory bail lawyer in Mumbai, you can very well visit the police officer to support in the investigation.

Advocate Shashank Shekhar Dwivedi has a proven track record in filing and getting favorable results for client cases in Allahabad High Court. Our top rated Criminal Lawyers from diverse background help in cases of Rape, Murder, NDPS, Forgery, Fraud, etc. Being a best Divorce and Family lawyer in Allahabad High Court we help in taking Anticipatory Bail and Regular bail in 498A / Dowry cases.
Anticipatory bail application u/s 438 :
There are various types of Bail in India and Anticipatory bail can be applied u/s 438 of the CrPC i.e. Criminal Procedure Code, 1973 in case of non-bailable offences. The provision under this section clearly states that the anticipatory bail is granted if the accusations are under non-bailable offences. This provision is specifically concerned with the law of personal liberty of an individual. This attracts personal liberty since the accused is innocent until he/she is proven to be guilty after investigation and trial court. The decision of granting an anticipatory bail to the accused lies on the honorable court and the decisions / orders may differ in every court. The Best Anticipatory Bail Lawyer in Allahabad High Court can help you deal with such application in criminal cases.

Conclusion

Pre-arrest bail is an important legal provision that safeguards the fundamental rights of individuals in India.
The provision allows an accused person to apply for bail before being arrested for a non-bailable offence. The court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors. The Supreme Court of India has laid down guidelines for granting pre-arrest bail, which require the court to consider various factors while granting bail.

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Contact Address

Allahabad High Court

Advocate Shashank Shekhar Dwivedi

Nyaya Marg, Canton, Dhoomanganj, Prayagraj, Uttar Pradesh 211001

Email:  advocateshashankshekhardwivedi@gmail.com

Phone No: +91-

9454044636

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