Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a relief that was not originally a part of CrPC. It was added later on when the need emerged. When we hear the term anticipatory bail some questions arise in our minds. For example, What should one do when a false case is lodged against him? How can one get anticipatory bail? From where to get anticipatory bail? We are going to clarify all these queries of yours in this article.
Why the concept of Anticipatory Bail come?
- Sometimes, people file false cases against the other parties.
- They file cases due to political rivalry.
- We often see cases filed under section 498(dowry cases)
- Sometimes, people willfully register FIR in civil cases to involve the police.
Anticipatory Bail is a panacea for all these problems. It saves individuals from going to jail. If an FIR is registered against you then there is a threat of arrest. If a person gets arrested then, there is a huge risk of harm to his reputation. Therefore, the provision of section 438 CrPC was added to the CrPC. This section explains the term, Anticipatory Bail.
In this date and age, anticipatory bail gives you benefits till your entire trial is complete. However, the Supreme Court has referred this matter to its larger bench, that till what period it would remain in effect.
Need of Personal Appearance?
- If you gave your advocate, your power of attorney, then there is no need for you to be present in the court.
- Your advocate can appear on your behalf, then there is no need for you to appear there.
Anticipation of arrest
- Under section 438 you can apply for anticipatory bail if you are afraid that you might get arrested.
- You can apply for it even if there is no FIR lodged against you.
Where to file Anticipatory Bail?
- Anticipatory bail cannot be filed with a learned magistrate.
- The Right to first hear the anticipatory bail is with the session court. If in session court you do not get the relief.
- Then you can apply for the same in the High Court, then in Supreme Court.
What are the important factors in deciding Anticipatory Bail?
- Antecedent cases: The term says is there any previous case filed against you? If there are no previous cases against you then this is very strong ground.
- What is the nature of the crime you are accused of?
- The next ground is after release on bail, will you become a threat to the witnesses?
- Whether you will try to flee from justice.
- Is the FIR filed against you is legit or based on false facts.
If the court is satisfied with all your answers only then you will be given the Anticipatory Bail.
Can the court impose conditions while granting Anticipatory Bail?
Court has the right to impose certain conditions. Some general conditions are discussed below:
- If the Court provides you with the anticipatory bail, you will not threaten any witness.
- You will always be available whenever the Investigation Officer calls you for interrogation.
- You cannot leave the country till the time court permits you.
All these points are provided under section 438 i.e. anticipatory bail. This section helps us to know all the details regarding the anticipatory bail. It is mostly used under section 498 that is dowry cases. As in this kind of case the party tries to make the whole family of the other person as a party. Also, if you have a business transaction with the other party and you are due for payment and you feel that they might file a criminal case instead of a civil case. You can also save yourself from this kind of case, with the help of anticipatory bail. The rationale behind this section was to safeguard an individual’s Right to liberty. The court will only provide you with anticipatory bail when your case fits under section 438.
Still, have any legal doubt, contact the Legal Experts of AapkaConsultant.com
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