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It is advisable to engage a 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. The Lawyer would draft an application for anticipatory bail mentioning why the bail shall be granted while stating your version of the facts surrounding the matter. Once the application for anticipatory bail is drafted the advocate will file the same 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 to be fit for granting anticipatory bail, anticipatory bail is provided to the accused. In case an anticipatory bail application is rejected in the Sessions Court, the application can be made to the High Court. If the High Court also rejects the bail, the application can be made to the Supreme Court.

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