ANTICIPATORY BAIL LAW

ANTICIPATORY BAIL LAW

anticipatory-bail-law

When a person can understand that there might be a situation in which he or she can be arrested on trumped up or false charges, or due to some kind of foul play, or else fears that he or she might be trapped in some kind of false case, he has the right to apply for anticipatory bail under the court of Session or the High Court. If it thinks fit, the court may give directions that in the occurrence of such arrest; he or she shall be released on bail. Anticipatory Bail can be granted by Sessions Court, High Court, and Supreme Court.

 

  1. * The Court of Session or the High Court may include such conditions, as it may think fit, in the light of the facts of the particular case, including:
  2. * A condition that the person, as and when required shall make himself available for interrogation by the police officer;
  3. * A condition that the person shall directly or indirectly not, make any threat, inducement, or promise to any person familiar with the details of the case so as to discourage him from providing information of such facts to any police officer or the court.
  4. * A condition where, without the previous permission of the court, the person shall not leave the location or place where the case is under process or trial.

If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail if the magistrate taking cognizance of such offence decides he shall issue a bail able warrant in conformity with the direction of the court granting anticipatory bail against that person who has been served with a warrant. The applicant must be able to prove that he has reason to believe that he is being falsely accused by presenting evidence and disclosing specific facts and events that he may be arrested for a non-bail able offense. Thereafter the court may take care to identify the offense or offenses in respect of which alone the order will be effectual and it is not a blanket order covering any other offenses. As long As the bail is not canceled, an accused is free on bail.