What is Anticipatory Bail?
Anticipatory bail is a legal remedy granted by the High Court Division of the Supreme Court of Bangladesh under its inherent powers when a person has reason to believe that they may be falsely implicated or arrested in a non-bailable criminal case.
It allows an individual to seek pre-arrest bail before actual arrest, protecting their liberty while allowing investigation and legal proceedings to continue without custodial detention.
🔹 When Can You Seek Anticipatory Bail?
Anticipatory bail can be sought when:
- A First Information Report (FIR) has been lodged or is expected to be lodged.
- There is credible threat of arrest in a non-bailable offence.
- The applicant believes the case is false, politically motivated, or malicious.
- The police have begun inquiry or are likely to arrest under cognizable offence provisions.
🔹 Step-by-Step Procedure for Filing Anticipatory Bail
✅ Step 1: Engage a Lawyer
Consult an experienced criminal law practitioner. At Astera Legal Partners, we assess the case facts and draft a bail petition tailored to your situation.
✅ Step 2: Prepare Bail Petition
Draft an anticipatory bail petition addressed to the High Court Division, including:
- Nature of the alleged offence
- FIR number (if any)
- Grounds for apprehension of arrest
- Legal and factual grounds for seeking bail
✅ Step 3: Gather Required Documents
Attach the following documents with the bail petition:
🔸 Mandatory Documents:
- Copy of FIR (if lodged)
- Vakalatnama (Power of Attorney signed by the petitioner)
- Petitioner’s National ID Card
- Tadbikar’ National ID Card
- Affidavit sworn by the petitioner
- Certified copy of any prior complaint or GD
- Relevant supporting documents (contract, letters, medical papers, etc.)
🔸 Optional but Helpful:
- Newspaper reports (if case is politically motivated)
- Medical certificates (if petitioner is ill or vulnerable)
- Previous High Court orders in related matters (if any)
✅ Step 4: File Petition in the High Court
The bail petition is submitted at the Bail Section of the Supreme Court.
✅ Step 5: Court Hearing
At the hearing:
- Your lawyer will present your case and emphasize your cooperation with the investigation. You need to present at the hearing.
- The Deputy Attorney General (DAG) will appear on behalf of the State.
✅ Step 7: Final Order
After hearing both sides:
- The High Court may grant bail with conditions, or
- Reject the bail, allowing the police to arrest the petitioner.
🔹 Conditions Often Imposed with Bail
- Petitioner must appear before the Investigating Officer as required.
- Must not leave the country without prior court permission.
- Must not influence witnesses or tamper with evidence.
⚖️ Our Assistance at Astera Legal Partners
At Astera Legal Partners, we assist clients with:
- Case assessment and eligibility for anticipatory bail
- Drafting strong, legally sound bail petitions
- Representation in the High Court Division
- Legal strategy for post-bail legal proceedings
📞 Contact us today for expert representation in anticipatory bail matters