THE CODE OF CRIMINAL PROCEDURE,1973
Topic- Anticipatory Bail
What is an Anticipatory Bail and when granted?
Section 438 of Cr.p.c deals with the provisions of an Anticipatory Bail.
When a person has an apprehension or a reason to believe that he may be arrested for committing a non-bailable offense, that person in such a case shall apply for an anticipatory bail.
The essential requirement under this section is that the person must have ‘a reason to believe’ that he might be arrest for commission of a non-bailable offense.
- To Whom shall the Anticipatory Bail shall be applied?
An Anticipatory Bail can only be applied before the High Court or the Court of Session for obtaining a direction under section 438 that in the event of such an arrest as apprehended by him, he shall be released on bail.
The Court may pass such a direction after taking into consideration the following factors-
- The nature of the accusation
- Ascertaining the fact that whether the person has undergone a conviction in the past for a cognizable offense.
- The fact that the accusation of the person is made in order to injure or humiliate him by having him so arrested.
After considering all such factors the Court shall approve the application of Anticipatory Bail by passing an interim order or reject the application, as the Court deems fit.
- At what time an application for Anticipatory Bail can be applied for?
Anticipatory Bail can be applied for and be granted even after the F.I.R has been filed but not after the person/accused getting convicted.