Anticipatory Bail In India

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The Code of Criminal Procedure, 1973 (Cr.P.C.) has a provision for a person to seek the relief of Anticipatory Bail In India. As per S-438 of the Cr.P.C., an individual can seek bail if he has any fear or anticipation of being arrested in a non-bailable offence.

An anticipatory bail is meant to safeguard a person accused of false charges, in the evnet of he/ she being sought to be arrested by the police in the name of custodial interrogation. The person seeking the relief of anticipatory bail must approach the Court of Sessions or the High Court of the concerned State.

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If the court is satisfied about the merit in his Case, the bail is granted subject to the conditions which the Court deemed fit in the Case in hand, like, the following ones- that the Petitioner will join the investigation and make himself or herself available for interrogation as and when required by the Police- co-operate in the investigations by the police

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he or she shall not directly or indirectly make any threat, promise or offer any bribe to any person who is connected to the case or knows the facts of the case, so as to keep them quiet or to get them to change their report of facts to the court or police- shall not leave the territory of the police station, city, state or India without informing the police or without prior permission of the court.

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There is a difference between an ordinary bail order and anticipatory bail order. The former is granted after arrest and therefore means release from the custody of the police whereas the latter is granted in anticipation of arrest and therefore becomes effective at the very moment of arrest. It is a pre arrest legal process. Anticipatory Bail is also called bail in advance.

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Contact Detail

05,Supreme Court Lawyers Society,Sector-99, Noida, Uttarpradesh, 201301 (NCR)Contact Num : 09818165758

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