Criminal Defence

Regular bail (Section 480 BNSS) is applied for after an arrest has taken place. The accused is in custody and applies to the Magistrate or Sessions Court for release on bail pending trial.

Anticipatory bail (Section 482 BNSS) is applied for before an arrest, when a person has reason to believe they may be arrested. A court granting anticipatory bail directs that, in the event of arrest, the applicant shall be released on bail. This protection is available only while the threat of arrest is live and must be applied for promptly once an FIR is registered.

Yes. The Rajasthan High Court has the power under Section 528 BNSS (formerly Section 482 CrPC) to quash an FIR and all proceedings arising from it. The power is exercised where: the allegations in the FIR do not constitute an offence; the FIR is clearly a misuse of the criminal process; the dispute is essentially civil in nature; or continuing the prosecution would be an abuse of process or result in injustice.

A quashing petition requires careful assessment of whether the grounds are strong enough to succeed, courts do not routinely quash FIRs, and a failed petition can prejudice the bail position. An honest evaluation is always provided before any petition is filed.

After arrest, the accused must be produced before a Magistrate within 24 hours. At this point, the police may seek remand (custody) or the accused may seek bail. The first production before the Magistrate is a critical moment, it is the first opportunity to seek bail or interim protection.

Call immediately when an arrest is made. The bail application can be prepared and filed in time for the first remand hearing. Delay can result in unnecessary days in custody while a properly prepared application could secure release.

Bail is available for all bailable offences as of right. For non-bailable offences (including serious offences under BNS 2023), bail is at the discretion of the court and depends on factors including the nature and gravity of the offence, the accused's antecedents, the likelihood of absconding and the need for further investigation. Even for offences under the NDPS Act or other special Acts, which carry stringent bail conditions, bail is not impossible, but the grounds must be carefully made out.

Every bail application is assessed on its specific facts, not on the assumption that bail is impossible. Many accused persons have been released on bail in serious matters with a well-prepared application.

Yes. All information shared, whether at the first call, during the consultation, or in the course of representation, is treated in strict professional confidence. The advocate-client relationship carries a duty of confidentiality that is absolute. No details of your matter are shared with any third party without your express consent.