What is Anticipatory Bail Jane Anticipatory Bail how to Grant Anticipatory Bail By The Court Law Relating to Advance bail Indians Website

What is Anticipatory Bail

Anticipatory Bail is the Direction Of The Court For being stop Unreasonable  Unlawful Arrest Which is Being Performed by The Apprehension  That Person May have committed The Offence

Anticipatory Bail is The Direction Of The Court for Granting The Bail Before The Arrest Of Person Who's Have Apprehension That He/she Can Be Arrest For Non-Bailable Offence 

Anticipatory Bail Section 438 Crpc

The Code Of Criminal Procedure 1973 Deals With Procedure Of Criminal Cases In india

The Section Of Crpc 438 Deals With Anticipatory Bail

Section 438 defines that Who Can Take Anticipatory bail

Which Court Can Grant Anticipatory Bail

438. Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1)

In Simple Language Condition For Anticipatory Bail

1. The provision contained in section 438 only empowers the Sessions Court and the High Court to grant advance bail.

2. Sub-section (2) of section 438 mentions the conditions relating to grant of advance surety which are as follows:

(i) The accused person will always be available for questioning by any police officer.

(ii) The accused person shall not attempt to tamper with any evidence related to the case or to influence the person through intimidation, indecency or other means.

(iii) The accused person will not leave India without the permission of the court.

(iv) Other conditions contained in sub-section (3) of section 438.

3. According to the Supreme Court, the plea relating to anticipatory bail should be based on concrete evidence and not on vague or general allegations and the application should contain all the necessary facts related to the crime and the proper arrest of the applicant should also clearly answer in the application. Should be.

4. Thus advance surety can be granted by the court only after fulfilling the above conditions.

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