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What is Anticipatory Bail ? and how to get one

All you need to know about Anticipatory Bail.

What ?
Anticipatory Bail as the name suggests is bail in anticipation of arrest. When a person apprehends arrest on an accusation he may apply to the court seeking directions to be released on bail forthwith at the time of arrest. Hence contrary to popular misconceptions it is immunity from custody and not immunity from arrest.

Why ?
The provision for Anticipatory Bail was introduced in 1973 first, as it was observed that influential people got their adversaries arrested accusing them of henious offences, when they clearly would stand exonerated of charges later. The eventual acquittals not enough to wash off the ignominy and agony attached to custodial
detention.

Who can grant ?
Higher courts such as court of sessions and high court.

When granted ?
Grant of anticipatory bail is discretion of the court and not a right of the accused. It is granted after taking into account a series of factors such as gravity of offence, antecedents of offender – character, likelihood of running away or tampering with evidences.

Is FIR a necessary pre-condition ?
NO It can be granted on a complaint or even a strong apprehension of arrest on accusation of a non bailable offence.

Whether anticipatory bail once granted continues till the end of trial ?
Yes as per latest Supreme Court rulings it should.

Whether the court can impose conditions while granting anticipatory bail ?
Yes reasonable conditions can be imposed, conditions broadly can be impounding of passport – asking accused to participate in the investigation, not to leave country etc.

Other notables :

1. Not granted normally in cases where custodial interrogation is required for eg : murder,rape etc. Or where there is a threat leaving the accused at large.

2. Most effective in cases such as false 498a, white collar crimes, crimes of private nature etc.

Criminal Law simplified !
By Advocate Bharat Chugh

Posted from WordPress for BlackBerry.

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