How to Apply for Anticipatory Bail in Sessions Court, Nagpur
A step-by-step procedural guide to filing an anticipatory bail application under BNSS s.482 before the Court of the Sessions Judge, Nagpur.
Forum: Court of the Sessions Judge, Nagpur
Controlling Statute: BNSS s.482
Key Decisions: Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1 | Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Procedure
- Obtain Copy of FIR: Secure a certified or uncertified copy of the First Information Report (FIR) from the concerned police station or the e-courts portal.
- Draft the Application: Draft the application under Section 482 of the BNSS, clearly detailing the facts, reasons for apprehension of arrest, and grounds demonstrating why custodial interrogation is unnecessary.
- Affidavit and Annexures: Attach a sworn affidavit by the applicant or a close relative (parokar), along with necessary annexures like identity proof, address proof, and any documentary evidence supporting the grounds.
- Filing and Registration: File the application at the filing counter of the Sessions Court, Nagpur. Pay the requisite court fees and obtain a filing number.
- Service to Public Prosecutor: Serve an advance copy of the application to the office of the Chief Public Prosecutor (CPP) at the Sessions Court.
- Hearing: The matter will be listed before the concerned Sessions Judge. Counsel will argue for ad-interim protection and subsequently for the final grant of anticipatory bail.
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