Criminal cases anticipatory bail
Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested.
Facts of The Case
1. The parties involved in the present case are a 22-year old Pune-based …
2 Issues Involved
The issue involved in the case was “Whether the anticipatory bail granted by Delhi High Court is valid or not Arguments Advanced
The Senior Counsel Nitya Ramakrishnan appeared for the complainant and submitted the following arguments: 1 Judgment of The Court
The Hon’ble Supreme Court observed that they are not inclined to interfere with the High Court’s judgment Conclusion
The anticipatory bail granted by the High Court serves to be the guiding light for the judgments of rape cases as well References
1. https://images.assettype.com/…
2. https://theprint.in/judiciary/del…
3 What are the different types of bail?
There are three types of bail namely regular bail, interim bail, and anticipatory bail
This article briefly discusses the concept of anticipatory bail and important case laws decided in its regard in the Supreme Court
A bailable offence is an offence that is not on its own very serious in nature
What is anticipatory bail under Section 438 of CrPC?
According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail
It is at the discretion of the Court whether to grant bail or reject the same
It solely depends on the circumstances and the seriousness of the offence
What is anticipatory bail?
Anticipatory bails are issued prior to the arrest of a person
It is also called a pre-arrest bail
It is mentioned under Section 438 of the Code of Criminal Procedure as ‘grant apprehending arrest’
The requirement of anticipatory bail has seen a rise in the early 1990s when there were a lot of false cases being filed on businessmen
×Anticipatory bail is a direction issued to release a person on bail even before the person is arrested. Section 438 of the Code of Criminal Procedure, 1973 provides that 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 Sessions 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. The decision to grant bail or reject the same depends on the circumstances and the seriousness of the offence.,Anticipatory Bail: A direction issued to release a person on Bail even before the person is arrested. In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted. For such Bail, a person can file an application under Sec. 438 of the Code of Criminal Procedure (CrPC).Section 438 of the Code of Criminal Procedure, 1973 provides that 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 Sessions 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.According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same. It solely depends on the circumstances and the seriousness of the offence.
