How to get anticipatory Bail in India ?

Anticipatory Bail

Relief Against Unlawful Arrest: Understanding Pre-Arrest Protection

Concept

Anticipatory bail protects individuals at risk of arrest for non-bailable offenses. Specifically, it allows those fearing arrest to seek protection before any police action occurs. Under Section 438 of the Code of Criminal Procedure (CrPC) and Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), anticipatory bail provides relief until the trial concludes or the court issues a different directive.

Steps to File Applications

Individuals who fear arrest for cognizable and non-bailable offenses can file an anticipatory bail application. Importantly, they can submit this application even before the police register an FIR, provided they have reasonable grounds for their apprehension. However, they should not file without a legitimate fear of arrest.

Jurisdiction of the Court for Applications

Applicants can file anticipatory bail applications in either the Sessions Court at the district level or the High Court at the state level. Generally, the Sessions Court handles these applications; however, the High Court considers them only in cases of extreme urgency.

Points for Consideration before Granting Bail

Judges exercise discretion when granting anticipatory bail, and they consider several key factors, including:

  • The nature and seriousness of the offense
  • The likelihood of the accused absconding
  • The potential for evidence distortion or witness influence

Moreover, the Supreme Court established principles for granting anticipatory bail in Gurbaksh Singh Sibbia & Ors. vs. The State of Punjab (1980) and reiterated these principles in Siddharam Satlingappa Mhetre vs. The State of Maharashtra (2011).

Time Period of Relief

Once the court grants anticipatory bail, it remains effective until the trial concludes, as confirmed in Sushila Aggarwal & Ors. vs. State (NCT of Delhi) (2020).

Conditions Imposed by the Court for Granting Relief

While courts have discretion in granting bail, they may impose specific conditions, such as:

  • Ensuring the accused’s availability during police interrogations
  • Prohibiting threats or influence on witnesses
  • Requiring court permission before leaving the country
  • Complying with signed bonds
  • Avoiding further offenses and tampering with evidence

In exceptional cases, courts may apply restrictive conditions based on the specific facts of the case, as reiterated in Sushila Aggarwal & Ors. v. State (NCT of Delhi) (2020).

Right to Appeal

If a Sessions Court denies an anticipatory bail application, the applicant can appeal to the High Court. If the High Court denies the application again, the applicant may seek relief from the Supreme Court by filing a Special Leave Appeal under Article 136 of the Constitution of India, contingent upon the Supreme Court granting leave.

Timeframe for Filing Applications

The Supreme Court has established that no time limit exists for anticipatory bail applications in India. For instance, in Sushila Aggarwal v. State of NCT of Delhi (2020), the Court affirmed this position, allowing an accused in one case to seek anticipatory bail for a different case without restriction.

Grounds for Cancellation of Relief

The court may cancel bail if the accused violates any set conditions, such as absconding or attempting to influence witnesses. In such cases, the police or investigating agency can.

Written by: Indu Tarmali, 2nd year B.A.LLB, WBNUJS


Read aboutRIGHTS OF VICTIMS UNDER BNSS, 2023.

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Intellectual Property Law Internship in Jaipur for August-September 2025

If you are a law student who is aspiring to enter the dynamic world of Intellectual Property law, here is a unique opportunity for you, which you shouldn’t miss. Thada & Associates, a specialized law firm based in Jaipur, and is currently accepting applications for a highly sought-after Intellectual Property Law Internship for the period of August to September 2025.

This internship is ideal for law students who want to understand and explore the intricacies of IP filings, client counseling, and practical legal drafting in a detailed manner and a professional setting. The experience goes beyond theoretical learning and offers a glimpse into real-world practice.

About the Firm: Thada & Associates

Thada & Associates is a Jaipur-based legal practice that is focused on Intellectual Property Rights, particularly trademarks, copyrights, patents, and design law. The firm handles a diverse portfolio of clients, including startups, individual inventors, and established businesses. As a boutique IP law firm, it offers a focused mentorship experience, perfect for students looking to specialize in the field.

Internship Overview

  • Role: Legal Intern (Intellectual Property Law)
  • Vacancy: Only 1 (Offline role, on-site)
  • Mode: Work from On-site Office
  • Location: Jaipur, Rajasthan
  • Duration: 1–2 months (Flexible within August–September 2025)

This Intellectual Property Law Internship is open to law students (preference will be given to the students who are enrolled in a 5-year integrated LL.B. program) who are deeply interested in building a career in IP law. Students will get hands-on practical exposure to filing procedures, drafting, and legal research under the guidance of experienced attorneys.

Eligibility Criteria

To be considered for this offline internship, you must:

  • Be a currently enrolled law student, preferably from a 5-year integrated course
  • Have strong written communication skills and research abilities
  • Show demonstrable interest in Intellectual Property law
  • Be available to work in-office from Jaipur during the internship period
  • Be willing to take initiative and work on client matters with supervision

Learning Outcomes

During this Intellectual Property Law Internship, interns will gain:

  • Practical exposure to IP registration processes (Trademarks, Designs, etc.)
  • Experience in drafting legal notices, responses to examination reports, and opposition filings
  • Skill-building in legal research, case analysis, and use of IP databases
  • Insights into IP strategy and compliance in the business context
  • A chance to shadow attorneys in client meetings and case discussions

Interns will also learn how to handle case files, manage deadlines, and build legal documentation that meets both court and registry requirements.

Benefits of the Internship

  • Real-time legal experience in a specialized practice area
  • Personalized mentorship from IP professionals
  • Certificate of Internship upon completion
  • Exposure to the practical application of laws beyond textbooks and theory
  • You will be getting a good opportunity to contribute to the firm’s ongoing matters

How to Apply

Interested candidates must submit the following:

  1. An updated CV
  2. A brief cover letter explaining your interest in Intellectual Property law, why you are choosing this internship, and your goals for this internship

Email your internship application to: thadaassociates@gmail.com
Subject Line will be: IP Internship Application – [Your Name]

Deadline to Apply: Apply by 25th July 2025
Internship Start Date: Instant commencement from August 2025

Final Thoughts

This Intellectual Property Law Internship is more than just a temporary role as an intern—it’s a career-shaping opportunity for those students who are ready to specialize in one of the most in-demand legal sectors today. With limited seats and high-quality mentorship, it’s the perfect way to kickstart your legal journey in Intellectual Property Rights Law.

If you’re passionate about innovation, brands, and legal protection of creative rights, don’t miss this chance to gain practical insight and make your mark in the Intellectual Property Rights Law domain.

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