• Anticipatory bail

If a FIR has been filed against 3 persons in a PF case and we apply for anticipatory bail, is it necessary that all 3 persons have to surrender in court to get anticipatory bail?
Or, can one of the three persons appear on behalf of the all three persons?
Asked 2 years ago in Criminal Law from Siliguri, West Bengal
anticipatory bail has to  be taken before arrest. Separate application for all the 3 accused .File it in the  court of session through a advocate,since FIR is registered try to get is as early as possible.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
personal presence is not mandatory
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
It is not necessary that all three persons appear before the court. I would advise that one of the accused may remain present in the court on the hearing of the anticipatory bail application but that is also not really required.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Personal appearance is not require your lawyer will appear on behalf you on the date when your application would move.Till getting anticipatory you should abscond from the residence to avoid arrest..If on several attempts in District or High Court you failed to get the bail then you can think for surrender after consulting a competent lawyer.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
A separate case has to be filed by all the 3 accused for getting anticipatory bail. One cannot apply on behalf of all three. The question of surrender does not arise if one is applying for anticipatory bail. Once the bail is granted the threat of an arrest being made which is currently looming large will pale into oblivion.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Personal presence is not at all mandatory as the lawyer for the accused will represent them.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
I agree my learned friends that personal appearance is not necessary.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
personal appearance is not mandatory
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
it is not required to be personally present in court but u should avoid arrest till u get the same
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
personal appearance before the court for the anticipatory bail doesn't arise at all. Anticipatory bail is seeking bail before the arrest. Individual persons can apply before the court it is not necessary that all the three of you have to apply together. if one is given bail then on filing the memo and the bail order the other two can apply together.
Nagalakshmi S.
Advocate, Bangalore
16 Answers
22 Consultations
4.8 on 5.0

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