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


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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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National Law University Delhi: Admission Announcement 2025-26

The National Law University Delhi Admission 2025-26 is now open! Established in 2008, NLUD is one of India’s leading law universities, renowned for its academic excellence and prestigious programs. Whether you’re pursuing undergraduate, postgraduate, or doctoral studies, NLUD offers the best platform to kickstart your legal career.


Key Dates and Application details

If you’re aiming for NLU Delhi, these key dates are essential:

  • Last Date for Submission of Applications (Online): Monday, November 18, 2024
  • Issue of Admit Card (Online): Thursday, November 28, 2024
  • AILET Exam Date: Sunday, December 8, 2024 (2:00 PM – 4:00 PM)

Admissions are based on the All-India Law Entrance Test (AILET), a highly competitive exam that determines your eligibility for various programs.


Undergraduate Programs Highlights

B.A.LL.B. (Hons.) Program

  • Seats Available: 120
  • Distribution: 110 on AILET merit, 5 for Foreign Nationals, and 5 for OCI/PIO.

B.Com.LL.B. (Hons.) – Non-Residential Program

  • Seats Available: 60
  • Distribution: 50 on AILET merit, 5 for Foreign Nationals, and 5 for OCI/PIO.

Eligibility Criteria: Senior Secondary School Examination (10+2 system) or equivalent with 45% marks (42% for OBC, 40% for SC/ST).


Postgraduate Programs Highlights

LL.M. (One Year) Non-Residential Program

  • Seats Available: 80
  • Distribution: 70 based on AILET merit, 5 seats for Foreign Nationals, 5 seats for OCI/PIO.

Joint Masters/LL.M. in Intellectual Property (IP) Law and Management (Non-Residential)

  • Seats Available: 35
  • Distribution: 25 for Indian Nationals and 10 for Foreign Nationals.

Eligibility: LL.B. or equivalent law degree with 55% marks (50% for SC/ST/Persons with Disabilities).


Supernumerary Seats for National Law University Delhi Admission 2025-26

  • One seat for Kashmiri Migrants
  • Two seats for Residents of Jammu & Kashmir
  • Five seats for CGPDTM Officials (for MA in IP Law and Management)

Admission Process for National Law University Delhi Admission 2025-26

  1. Submit Application Online: Before November 18, 2024.
  2. AILET Examination: Attend the AILET on December 8, 2024.
  3. Result Declaration: Wait for the AILET results.
  4. Counseling: If selected, participate in the counseling process to confirm your admission.

Conclusion

For those seeking a rewarding career in law, National Law University Delhi is your gateway to success. Submit your application today and take the AILET exam to secure your spot at one of India’s premier law universities.

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