ANTICIPATORY BAIL BY MANVI SINGH @LEXCLIQ

Bail is cash or some type of property that is kept or vowed to a court, to get the delivery from prison of a speculate who has been captured, with the argument that the resume will return to their preliminary and acquired Court appearance.On the off chance that the suspect does not that back to the court,the bail is required relinquished and the suspect  may potentially be raised on charges of wrongdoing of inability to show up.  Under the Crpc there is two sort of bails:  Regular bail section 436 and anticipatory bail section 438 .Section 33 of the CrPC depends on the guidelines of the bail and no jail .In case of Balachand Jain  v/s State of MP the court has defined anticipatory bail as bail in anticipation of arrest.Anticipatory bail is a direction to release a person on bail issue even before the person is arrested.An  explanation of anticipatory bail is given by the supreme court in the case of GurBaksh Singh Sibbia  v/s State of Punjab.That under sub sec 1 of section 438 of the code the court must be satisfied that the applicant in invoking the provisions has reason to believe that he is likely to be arrested for a non bailable offence and that belief must be founded on reasonable grounds.

OBJECT OF GRANTING ANTICIPATORY BAIL 

Right to life and personal liberty is an important right guaranteed to all the citizens under article 21 of the Indian constitution and it is considered as one of the precious right.Under Indian criminal law, there is a provision of anticipatory bail under section 438 of The Criminal Procedure Code 1973 The Law Commission of India in its 41st report dated September 24,1969 pointed out the necessity of introducing a provisions in the code of criminal procedure enabling the high court and the court of sessions to grant  anticipatory bail.This provisions allows a person to seek bale bale in anticipation of an arrest on accusations of having committed or non bailable offence. The very basic purpose of insertion of this provision was that no person should be confined in anyway until and unless held guilty.

PROVISION RELATING TO ANTICIPATORY BAIL UNDER CRIMINAL CODE OF PROCEDURE : 

Where any person has a reason to believe that he may be arrested on accusations of having completed a non bailable offence,he may apply to the high court or the court of session for a direction under the section  that in the event of such arrest he shall be released on bail after taking into consideration of the following factor namely as :

1. The nature and gravity of the accusation.

2. The antecedents of applicant including the fact as to whether he has previously undergone imprisonment and conviction by a court in respect of any cognizable offence.

3. The possibility of applicant to flee from justice.

WHO IS ELIGIBLE TO OBTAIN ANTICIPATORY BAIL ?

When any person has a reason to believe that there is a chance to get him arrested on false or Trump up charges or due to enmity with someone or he fears that a false cases is likely to be built up against him, he has the right to move the court of sessions or the high court under Section 438 of the code of criminal procedure for grant of bail in the event of his arrest.

CANCELLATION  : 

An accused is free on bail as long as the same is not cancelled.The high court or the court of session may direct that any person who has been released on bail to be arrested and commit him to custody on an application moved by the complaintant or the prosecution .

CONCLUSION  : 

Anticipatory bail was introduced in the code  to prevent violations of person Liberty of a person.Now it has been become a tool which is exercised by the people to escape  from their criminal liability.

WRITTEN BY MANVI SINGH

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