Bail and Anticipatory Bail Lawyer in Delhi

Notice is not given by an arrest. The consequences of a person going from being at home to judicial custody in a matter of hours, with implications on their work, family and reputation, are immediate. The course of obtaining bail is not a formality. It demands knowledge of the specific court's attitude to the offence committed, the type of prosecution objections that might be raised, and the drafting of an application that will clearly communicate the information that a judge will want to see before granting release.

In the case of bail, applications are prepared in the same way as a trial is prepared at MKS Associates. Our Criminal Lawyers in Delhi argue the case in the appropriate court with whatever they need in order to get anticipatory bail before they are arrested, regular bail after they are arrested, or obtain interim bail on short notice.

Bail and Anticipatory Bail Lawyer in Delhi

Understanding Bail in India

Why you need an experienced lawyer for bail matters

Bail is generally the discharge of a person from custody, on condition. The system of law under which it operates is more complex than the one-line description implies.

The availability of bail is determined by various factors as per the Code of Criminal Procedure, 1973, now Bharatiya Nagarik Suraksha Sanhita 2023, such as the nature of the offence, whether it is bailable or non-bailable, the stage of the case and individual circumstances of the accused. The courts also take into account the nature of the offense, the potential for the defendant to flee prosecution, possibility of witness tampering, and defendant's prior criminal history.

When a matter is serious, bail is not granted routinely by court. The application should be well-written and factually and legally correct. A "mis-applied" application may have an impact on the chances of a later, improved application to a higher court.

There are several different types of bail that we provide:

Anticipatory Bail – Applied to avert arrest before it happens.
Regular Bail – Applied for when someone is arrested and is in custody.
Interim Bail – Temporary relief granted while the final hearing is pending.
Transit Bail – Available when a case is registered in another State.
Bail in Special Statute Matters – NDPS, PMLA, CBI, POCSO cases.
Bail Pending Appeal – For convicted persons awaiting appeal.

Practice Areas

Our Bail Legal Services in Delhi

Anticipatory Bail

Available under Section 438 of CrPC (Section 482 of BNSS) in case of apprehension of arrest for a non-bailable offence with reasonable cause. We draft anticipatory bail cases, with objections raised by the prosecution anticipated and addressed.

Anticipatory bail granted by Sessions Courts
Complaint before the CBI
Interim anticipatory bail (ad-interim protection)

Regular Bail

Applied for when someone is arrested and is in custody before the court. The application is sought in the Magistrate Court. On rejection, the issue is transferred to the Sessions Court which is then referred to the High Court.

Bail applications at Metropolitan Magistrate Courts
Bail before Additional Sessions & Sessions Courts
Bail under Section 439 CrPC by Delhi High Court

Interim & Transit Bail

Temporary relief granted while the final hearing is pending with a bail application. Transit bail is available in a case which has been registered in another State.

Interim bail during pendency of main application
Transit bail for matters registered in other States
Short notice applications accepted

Special Statute Matters

There are a number of laws that set out conditions on bail. Our advocates are familiar with the relevant case law for bail under these legislations and prepare applications to reflect this.

Bail before Special Courts under NDPS Act
Bail under PMLA before Special Courts & Delhi High Court
Bail in CBI and POCSO matters
Bail under the Prevention of Corruption Act

Cancellation of Bail & Bail Pending Appeal

Where a person granted bail misuses liberty, causes intimidation, tampers with evidence, or breaks bail conditions, we attend on behalf of the complainant or investigating agency to seek cancellation.

Cancellation of bail applications
Bail pending appeal before Sessions Court, High Court & Supreme Court
Appeals against rejection of bail

Bail Application Procedure

There are many factors to consider other than the facts in a bail application. Accuracy is non-negotiable. All factual statements are to be accurate. A knowledgeable advocate can prepare the application to anticipate the prosecution's objections.

Accurate factual statements and legal arguments
Addressing weaknesses in prosecution's evidence
Anticipating prosecution objections

Jurisdiction

We handle bail matters at the following courts:

Our criminal lawyers regularly appear before:

Metropolitan Magistrate Courts in Delhi
Additional Sessions Courts and Sessions Courts in Delhi
Special Courts (NDPS, PMLA, CBI, POCSO, Cyber Crime)

Delhi High Court
Supreme Court of India

Our Advantages

Why Choose MKS Associates for Bail Matters

Available on Short Notice

Police do not operate during business hours. Once a client or their family calls us after their arrest, we are on the case. Our advocates are on call to show up at a moment's notice, and where necessary, to file and expedite critical applications before the relevant court.

Court-Specific Knowledge

In bail practice, it is important to know more than the law; it is important to know what the particular courts expect. Each type of bench has its own areas of concern, tolerance of generalised statements, and attitudes towards various categories of offences. Our advocates regularly appear before the courts of Delhi and are aware of the parameters each of the courts expects.

Candid Advice – Forums and Prospects

We inform our clients candidly if a bail application would be likely to be successful at any forum, and whether it would be preferable to go straight to a higher court. It is not always a good idea to file in front of a court that has a low chance of success. Rejected applications have an impact on the following applications. This is something we will discuss in advance with you prior to filing.

Detailed Application Drafting

The written application is as important as the oral argument. We draft bail applications that strictly adhere to the legal tests, deal with the prosecution's probable case and clearly set out the client's particulars in a manner that is conducive to granting the relief.

Our Process

Our Legal Process for Bail Matters

Step 1: Consultation

FIR, arrest memo, charge sheet if available, etc. are checked. We consider which forum is suitable for the bail application, what the likely chances of success are and what the court is likely to set.

Step 2: Application Drafting

An application for bail is prepared, incorporating all the facts and law. If there are specific reasons, such as medical conditions, employment status, family circumstances, then we ensure these are submitted to the court with supporting documentation.

Step 3: Court Filing

The application is made before the proper court and a date is secured. In urgent cases, we seek urgent listing or seek ad interim relief.

Step 4: Hearing

Our advocate is present at the hearing, advocates for our case and addresses any objections from the prosecution. If the matter requires more than one hearing, we will appear again until the application is disposed of.

Step 5: Next Steps

When bail is granted, we advise compliance with conditions and on the consequences of any breach of those conditions. We discuss with the accused matters before a higher court if there is no bail and we file the matter as soon as we have good cause.

FAQs

Frequently Asked Questions (FAQs)

Anticipatory bail is a direction to release a person on bail in the event of their arrest. It is available under Section 438 of CrPC (Section 482 of BNSS) in case of apprehension of arrest for a non-bailable offence with reasonable cause.

Yes, bail can be granted in non-bailable offences. However, the court exercises its discretion based on factors like the nature of the offence, likelihood of the accused fleeing, possibility of tampering with evidence, and the accused's criminal history.

Regular bail is applied for after a person has been arrested and is in custody. Anticipatory bail is applied for before arrest, to prevent arrest from happening. Anticipatory bail is a direction to release the person on bail in the event of arrest.

Courts consider the nature and gravity of the offence, the likelihood of the accused fleeing from justice, the possibility of tampering with evidence or witnesses, the accused's criminal antecedents, and the stage of the investigation or trial.

Bail in NDPS cases is subject to stringent conditions. Under the NDPS Act, bail can be granted only if the court has reasonable grounds to believe that the accused is "not guilty" and is unlikely to commit any offence while on bail. The bar is higher compared to other offences.

Interim bail is temporary relief granted while the final hearing of a bail application is pending. It is especially useful when the substantive application is to be made and a court date is not until weeks away.

Yes, bail can be cancelled if the accused misuses the liberty granted, tampers with evidence, intimidates witnesses, or violates any of the conditions imposed by the court while granting bail.

The timeline varies depending on the court's workload, the complexity of the case, and the nature of the allegations. In urgent cases, we seek urgent listing or ad interim relief. Regular bail applications may take a few days to several weeks depending on the circumstances.

Contact MKS Associates – Bail and Anticipatory Bail Lawyers in Delhi

Facing an arrest or in custody? Call MKS Associates today for emergency bail services. Our criminal lawyers in Delhi deal with bail and anticipatory bail cases in all courts including Delhi High Court and Supreme Court of India. Whether you need anticipatory bail before arrest, regular bail after arrest, or interim bail on short notice, we are here to help.

Book your consultation now and receive trustworthy legal advice from the best bail lawyers in Delhi.

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Bail and Anticipatory Bail Lawyer in Delhi