What is anticipatory bail Upsc?

Why anticipatory bail is granted?

The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for certain purpose There are reasonable grounds for holding that a person accused of an offense is not likely to abscond or otherwise misuse his liberty while on bail.

Who can file anticipatory bail?

Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail is a direction to release a person on bail, even before the person is arrested. Anticipatory bail is applied for under Section 438 of the Criminal Procedure Code.

Is anticipatory bail fundamental right?

The Supreme Court has ruled that anticipatory bail is an effective medium to protect the fundamental right to life and liberty and the relief should be considered liberally by courts as long as the trial is not concluded.

Who can cancel anticipatory bail?

The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a ...

What is bail in law Upsc?

Bail refers to the provisional release of the accused in a criminal case in which the court is yet to announce the judgment. The term 'bail' means the security that is deposited in order to secure the release of the accused.

When can anticipatory bail be filed?

Under section 438 of Criminal Procedure Code, 1973(Cr. P.C) if a person is likely to be arrested can apply for anticipatory bail for the crime he did not committed but it should be before he is arrested to appear before court, to apply for the anticipatory bail application and prove his innocence.

What happens if anticipatory bail is rejected?

(c) If the Sessions Court rejects the application, it shall mandatorily extend the interim protection operating in favour of the accused for a minimum period of three (3) working days on the same conditions on which interim protection was granted during pendency of an ABA or on such further conditions as the Sessions ...

Can anticipatory bail be challenged?

In the case where the anticipatory bail application is dismissed by the court, the aggrieved person can challenge that order in the Higher Court. In case of dismissal of the anticipatory bail application by Sessions Court, the order can be challenged in the High Court.

Which cases anticipatory bail Cannot be granted?

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code (CrPC).

What happens when High Court rejects anticipatory bail?

In case the High Court rejects your bail application then you can file the application again before the Sessions Court on account of change in circumstances. The Sessions Court can grant bail upon a subsequent bail application only if there is change in circumstances.

What is difference between bail and anticipatory bail?

While the anticipatory bail is applied for and granted before an arrest is made, the regular bail is applied for and granted after an arrest is made and the accused has spent some time in jail.

What is the section 438?

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released ...

What is the cost of anticipatory bail in India?

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Can anticipatory bail be filed after chargesheet?

Supreme Court Observation

The Court observed: "Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing of the charge sheet, the same does not preclude the petitioners to apply for anticipatory bail under Section 438 Cr. P.C. after filing of the charge sheet."

Can police cancel anticipatory?

Only High court and District court have power to grand Anticipatory bail. Police cannot cancel the bail granted by the the said court. The power to cancel the bail is vested in the court.

How many times can anticipatory bail be filed?

Every citizen has right to file anticipatory bail as many times as they pleased if they believe that sooner or later they can be arrested for the crime they didn't commit.

What is the next step after bail?

You have to wait for the summons to be received from court which will happen after the police is submitting the charge sheet before court. The complainant need not go to court. After bail your mother have to appear for every hearing of court other wise court will again issue Non bailable warrant against her.

How do you break anticipatory bail?

Yes you can file an objection by virtue of an affidavit filed before the hon'ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can grant bail to the accused.

What are the two types of bail?

Can anticipatory bail be filed in non bailable offence?

The Bench of Justice Samit Gopal further clarified that anticipatory bail does not arise for an offence that is bailable and a direction for the same can be issued only in respect of non-bailable and cognizable offences.