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Bail and Anticipatory Bail both fall within the Criminal Law. Therefore in order to search for lawyers in bail and anticipatory bail matters, it is best to approach lawyers who specialize in Criminal Law. Lawyers having practice in the Criminal Appellate Side may also be approached for Bail and Anticipatory Bail matters. Application for Anticipatory Bail is applied for a person, when someone has grounds to believe that he may be arrested by Police within a short span of time. Anticipatory bail application shall be made before the session court of respective jurisdiction. Once the anticipatory bail application is moved before the Hon’ble District & Session Court than a copy of the same shall be given to the public prosecutor, one copy of bail application for the office record and one copy of the bail application should be delivered or submitted before the respective police station where the F.I.R is registered. If on the hearing of the bail application, if the Investigating officer of the concerned police station furnish his say or opinion on that particular matter than the matter is kept for final argument on the next hearing date.
If Anticipatory Bail is granted, then the Police cannot arrest you and take you into custody and instead they have to call you to Police Station periodically in order to do the investigation. However you have to apply for regular bail, when the charge sheet is filed and in the meantime you have to comply with the order of the Hon’ble Session Court e.g you may not be allowed to visit abroad or leave India till the final disposal or during the trial of the matter or Hon’ble Session Court may also give direction to deposit your Original Passport to the concerned police station. But in case if the condition given by the Hon’ble Session Court while granting anticipatory bail becomes difficult than in that case the applicant or the accused can apply again for the relation of the conditions of the anticipatory bail order. Bail is also applied after the accused person is taken into custody. However you have to apply for regular bail .Bail proceeding is best when the charge sheet is filed
For successful Anticipatory , it is of huge benefit if the Accused has a permanent fixed address in the city and also has a proper job or his own business. The lawyer will have to show to the Court that the Accused is a person of good character who will not run away from the City to avoid the investigation and trial. The Accused has to promise to cooperate with the Trial. Only then Anticipatory Bail or Bail can be granted. Otherwise, Bail can even be cancelled later on if Accused does not cooperate with Prosecution/Court. Thus anticipatory bail /Bail cannot be taken for granted, in fact Court has the discretion to refuse anticipatory bail /Bail also. A person having many prior FIR and Trial against him will find it more difficult to get anticipatory bail quickly. Lawyers have to work on an urgency basis in anticipatory bail matters, often they work in order to prepare and print the draft and then present the same in the Court so as to protect the accused rights and prevent his custody.