If you are seeking the Best Anticipatory Bail Lawyers in Delhi or an Advocate for Bail in Delhi High Court, Advocate Rohit Dandriyal offers unmatched expertise. He ensures that his clients understand their rights and the bail process while providing comprehensive support to navigate the complexities of the legal system effectively.
Kinds of Bail:
Generally, there are four categories of bail:
– Bail in bailable offenses (Section 478)
– Bail in non-bailable offenses (Sections 480 & 483),
– Anticipatory bail (Section 482)
– Default Bail (Section 187)
Section 479:
Section 479 of The Bharatiya Nagarik Suraksha Sanhita, 2023, deals with provisions of bail in bailable offenses. Under this section, bail is the right of a person accused of an offense that is bailable in nature. This provision casts a mandatory duty on police officials as well as the court to release the accused on bail if the offense alleged against such person is bailable.
Section 480:
When a person is accused or suspected of committing any non-bailable offense, is arrested or detained without a warrant, or appears or is brought before a court other than the High Court or Court of Session, they may be released on bail. However, such a person shall not be released if there are reasonable grounds for believing they have been guilty of an offense punishable with death or imprisonment for life, if the offense is cognizable and they have been previously convicted of a similar offense.
Factors to consider for bail applications include:
– Prima facie or reasonable ground to believe the accused committed the offense
– Nature and gravity of the accusation
– Severity of the punishment in the event of conviction
– Risk of the accused absconding if released on bail
– Character, behavior, means, position, and standing of the accused
– Likelihood of the offense being repeated
– Reasonable apprehension of witnesses being influenced
– Risk of justice being thwarted by granting bail
Anticipatory Bail:
Section 482 of BNSS deals with anticipatory bail. When a person anticipates or has reason to believe they may be arrested for committing a non-bailable offense, they may apply to the High Court or Court of Sessions for direction to be released on bail in the event of an arrest. This power is exclusively vested in the Courts of Sessions and High Courts.
Prerequisites for considering anticipatory bail:
– The offense must be non-bailable and cognizable.
– Sufficient reason to believe that the applicant may be arrested.
Scope and Ambit of Section 482 BNSS (Anticipatory Bail):
The Statement of Objects and Reasons for introducing Section 482 in The Bharatiya Nagarik Suraksha Sanhita, 2023, highlights its aim to prevent influential individuals from falsely implicating their rivals. The section recognizes the importance of personal liberty and the principle that an individual is presumed innocent until proven guilty.
Best Bail Lawyer in Delhi: Advocate Rohit Dandriyal
Advocate Rohit Dandriyal is a renowned legal professional specializing in bail cases, including anticipatory, interim, and regular bail. Recognized as one of the Best Bail Lawyers in Delhi, he offers expert legal guidance to individuals navigating the complexities of the Indian judicial system. His in-depth knowledge of the law ensures that clients receive timely and effective representation.
As a trusted Advocate for Bail in Delhi High Court, Advocate Dandriyal focuses on safeguarding his clients’ rights and securing favorable outcomes in even the most challenging situations. His team meticulously prepares each case, providing strategic advice and ensuring clients are well-informed throughout the bail process.
Whether it’s applying for anticipatory bail or defending against criminal allegations, Advocate Rohit Dandriyal and his team are committed to delivering exceptional results, making him a top choice for those seeking legal support in Delhi.