Tue. Nov 24th, 2020

Concept of Anticipatory Bail

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The concept of anticipatry bail is based on the principles laid down under article 21 of the constitution of India. The article 21 of the constitution guarantees the life and personal liberty of a person. Section 438 of Criminal procedure Code provides gives the power to the court to release the applicant on bail in the event of arrest i.e. Anticipatory Bail.
Although the same is based on the discretion of the court exercising the power. Which means that the applicant individual can seek or request to get bail in the event of arrest, in expectation of being named or accused of having committed a non-bailable offence i.e. anticipation of arrest.

Section 438 of CrPC is to safeguard to a person who has been a victim of false accusations , most commonly due to professional or personal rivalry, jealousy etc, as it ensures the release of the falsely accused person even before he/she is arrested which means the police would not be able to un-necessary harass the accused person.

There can be conditions imposed by the court directing the person to release the applicant on bail. such conditions may include:

  • That the applicant will be available for interrogation and assist the police during investigation.
  • That the applicant shall not tamper with the evidence.
  • That the shall not leave India or any part of the jurisdiction without prior permission from the court.

The best way to know about it is by getting legal advice from a competent lawyer.

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