WHAT IS ANTICIPATORY BAIL?
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Here is an explanation of Anticipatory bail given by the Supreme Court (Gurbaksh Singh Sibbia v The State of Punjab AIR 1980 SUPREME COURT 1632). A person can apply for AB even after the FIR is filed, but not if the person has been arrested. Read the excerpts to get an understanding of AB:
- 35. Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to believe’ that he may be arrested for a non-bailable offence. The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds.
- Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.
- Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has not been arrested.
- After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offenses for which he is arrested.
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- The nature and gravity or seriousness of accusation as apprehended by the applicant;
- The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
- The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
- The possibility of the appellant, if granted anticipatory bail, fleeing from justice.
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Anticipatory Bail Order For An NRI:
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When Can A Person Apply For AB ?: 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 the code of Criminal Procedure 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.
Conditions That May Be Imposed By The Court: The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
· A condition that the person shall make himself available for interrogation by the police officer as and when required;
· 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;
· A condition that the person shall not leave India without the previous permission of the court.
Arrest: 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 and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.
Anticipatory Bail Not A Blanket Order: The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.
Cancellation: An accused is free on bail as long as the same is not canceled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.
Anticipatory Bail Not Available In Uttar Pradesh
- Click here for the steps to get AB
- SC 498A AB Judgment Explaining Some Misconceptions - 2003
- Advice On Getting Regular Bail
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IF A PERSON IS GETTING 3 DAYS PRE-ARREST NOTICE GRANT FROM THE COURT.HE/SHE WILL B ARRESTED?
BEFORE LOUNCHING FIR HE WILL B APPLIED FOR ANTICIPATORY BAIL?
AFTER GETTING PRE-ARREST NOTICE,IS IT EASY TO GET ANTICIPATORY BAIL?
IS IT POSSIBLE TO APPLY FOR ANTICIPATORY BAIL ON COMPLAIN OR THERE IS ANY RULE THAT WE HAVE TO APPLY FOR PRE-ARREST NOTICE FIRST/
WHAT IS THE CHANCE OF GETTING ANTICIPATORY BAIL GRANT?
1. Please note 498A is a legal terrorism tools and the main fear is arrest immediately. Maximum cases it had been wittness that the people do not able to move to court for getting the AB . Result they land up in jail.
2. Once you get a arrest stay , police have to serve you the summon and get it singed or past in your home, so you know that a FIR had been registered in your name and you can go immediately to court for AB.
Even one day notice also sufficient , so that you can take the necessary save gurd your self and try for AB , as you know a FIR had been registered in your name. It will not be like, police come with FIR and arrest you and put behinnd the bar.
3. Once the arrest stay granted, the chances of particapate in police enquiry without fear and you can face them without fear and they can’t blackmail you that od this other sise we will send you behind the bar.
4. Yes, a lot of cases we wittness that a arrest stay gives some benift for AB , but it is not always true, and do not get complecent.
Basically the arrest stay , gives a chance once FIR registered and then move to court for AB or at least take a save gurd for your self.
This is a must to do activity , if you want to face the legal terrorist .
Kindly advise on how to get an arrest stay.
Hi,
I was looking for the order to get Anticipatory Bail (AB) when the applicant is abroad (NRI) since it was rejected by the session court on the grounds that “The applicant is not in India”. But I got Anticipatory Bail from Bombay High court. Please, find the order if someone need that-
http://bombayhighcourt.nic.in/data/aurcriminal/2007/APPLN83907280307.pdf
http://bombayhighcourt.nic.in/data/aurcriminal/2007/APPLN83907110407.pdf
Shashikant Patil
Dear Sir
I have been harassed by wife as follows:
She cheated me by saying that she was never married and is not having any child.
But her behavour with me is that she wants jsut a marriage relationship but not the actual staying together. This is beacuse either she is intersted in another person or she is having children that she is raising secretly. When I started suspecting her that she always goes to Hyderabad and stays with mom is not because that her mom is ill, it is becuase she is raising her kids secretly in Hyderabad.
So she is taking this as a chance and says taht her mom is ill or she is ill so she wants to stay with her mom so that she can escape from being staying at Vizag which is my native place and I asked her to stay ther and estblish a residence (a rented one so that when I come back I can stay). She did not listen to me. I request the police/cid to get invovled in this cheating (as per me - but needs to be proved)case by my wife and verify as against her patterns and behaviours.
I am working as a faculty member in engineering in Libya.
She filed a case against me and revoked before I was leaving to Libya.
I need the police to help me out in getting rid of this false case of 498A is being used by many woman.
Can I get good justice and can I be protected against this in terms of leading good conjugal life with kids of my own (begated child)
Help me please………..
regards
TGK VASISTA