Legal Advice By Advocate Nitish Banka

How to get Bail in 420 IPC?

Getting bail in 420 IPC is difficult task there is provision of pre arrest bail i.e anticipatory bail in 420 and post arrest bail in 420 i.e the regular bail.

Anticipatory Bail in 420

The main consideration judge takes while granting anticipatory bail in 420 is the existence of Prima-Facie case. That means if on the face of it there seems to be fraud or cheating without going to analysis of evidence if there is fraud then court can decline bail to accused. Bail in 420 then granted on stringent condition of pre deposit of money.

 

Its advisable to engage a competent criminal lawyer once a criminal complaint or FIR has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon.

Once decided, the Lawyer would draft an anticipatory bail mentioning the reasons for bail application and your version of the facts surrounding the matter. Application for bail is then made at an appropriate Sessions Court.

When the matter comes up for hearing, the Lawyer must appear and present the case. If the judge sees the case as fit, anticipatory bail is provided to the accused. In case anticipatory bail application is rejected in the Sessions Court, application can be made in the High Court. If the High Court also rejects the bail, application can be made in the Supreme Court.

Anticipatory Bail in 420 Conditions

While granting anticipatory bail, the Court can impose one or more of the following conditions based on the facts of the particular case:

  • Be available for interrogation by the police officer, as and when required;
  • Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
  • Person shall not leave India without the previous permission of the court.
  • Pre deposit money

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