Anticipatory bail

Under Indian Criminal Law, there is a provision for ANTICIPATORY BAIL under SECTION 438 of the Cr.P.C. This provision allows a person to obtain bail in anticipation of an Arrest on accusation of having committed a non-bailable offence.

On filing AB, the opposition party is notified about the bail application and the opposition can then contest the bail application in court.

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438 of Cr.P.C for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Anticipatory Bail can be granted by Sessions Courts, High Courts and Supreme Court.

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.

Anticipatory Bail is most effective in cases such as false 498A, white collar crimes, crimes of private nature etc.FIR is not a necessary Pre – Condition, It can be granted on a complaint or even a strong apprehension of arrest on accusation of a non bailable offence.

DISCLAIMER:This article is for general information purposes only. Always consult a Lawyer before you proceed with your case. Your situation might need a different approach.