ANTICIPATORY BAIL

Article by Muskan singh at lexcliq

ANTICIPATORY BAIL

Section 438 of the CrPC defines a provision for granting an anticipatory bail. It is legally a pre-arrest process granting accused a bail in advance.

Definition :

Anticipatory bail is an advance bail granted by the session or the high court when a person apprehends or expects a move that he may get arrested for a non-bailable offence or on account of any false charge, then in that case anyone can apply for anticipatory bail under their right to move the court of Session or the High Court under section 438(1) of the code of Criminal Procedure for granting of an advance bail to avoid the event of his arrest for a cognizable or non-cognizable offence.

Conditions to grant an anticipatory bail :

The court may impose certain conditions before granting the anticipatory bail to make sure that no future consequences obstructs the path of justice.

  1. The accused must need to inform the court  and  seek for necessary permissions before traveling to abroad or leaving the country.
  2. He shall have to make himself available whenever asked by the police officers for interrogation sessions.
  3. There should not be any involvement or interference by the accused which may directly or indirectly create obstacles in the case investigation.
  4. He is not allowed to be found threatening or manipulating anyone related with the case to either not disclose any important information or to state fake statements.

If he ensures to obey the legal procedures and agrees not omit any action against the court’s decision then the court may grant him permission for an advance bail or an anticipatory bail.

Procedure :

The person who’s expecting such arrest shall have to present valid reasons for his believes of getting arrest at a point of time for any non-bailable offence.

  • Now this bail can only be valid till the FF report filed in the trial court by the police.
  • This bail may get cancelled by the court and thus, shall not protect the accused any longer.
  • The court can also order anytime to take the accused who’s released on an anticipatory bail into custody, If the prosecution file an application of complaint against him.

Types of bails :

Regular bail –

Section 437 of criminal procedure code covers the provision of granting a regular bail to accused after been arrested. Under section 437 & 439 the accused has a right to be realised from the police custody.

Anticipatory Bail –

Anticipatory bail is granted when a person is anticipating any arrest for any non-bailable offence, then he might apply for an advance bail under the section of 438 (1) of criminal procedure code.

Interim bail –

Interim bail can be granted in case of pendency of granting regular or anticipatory bail by the court. It is covered under section 439 (4) of criminal procedure code.

Conclusion :

The provisions of bails are for safeguarding the rights of any accused to release himself from the police custody or to avoid any anticipated arrest on account of any false case or for any non-bailable offence, cognizable or non-cognizable offence. The court has the complete authority of granting and revocation of any type of bail.

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