Anticipatory Bail

Anticipatory Bail

An Overview

Anticipatory bail is intended to be a protection in contradiction of arrest for a person who has false allegation made against him, as it safeguards the release of the falsely accused person even before he is arrested. It defines the emotion you get when you know what’s coming. It can also describe something that chances because something else is going to happen later. Taking a good conception regarding the term anticipatory and what bail is one can easy sound about the perception of Anticipatory bail, as the term in holistic view devoid any specific designation for definition and only the pertinent provision can clarify the meaning as rest is all interpretation by wise men.

The concept of Anticipatory bail arises into place when the accused may rightfully fear arrest in cases of cognizable offences. Bail is a legal assistance that a person may be permitted to in order to get temporary freedom until his case is disposed of. Depending on the seriousness of the allegations, a person may be able to avoid arrest altogether. However, there are cases in which arrest is made and the suspect is set permitted as per the provisions of the bail as given under the Criminal Procedure Code.

Types of Bail under CrPC
3 Common types of bail under CrPc, in India which a person can apply conditional upon the phase of the criminal cases.

Regular Bail :
A regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of CrPc of 1973.

Interim Bail :
Interim bail is a bail which is granted for a short period of time to a person. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.

Anticipatory Bail :
An individual, who distinguishes that he may be arrested by the police for a non-bailable crime, can file an application for anticipatory bail. It is a type of advance bail granted under Section 438 of the CrPc of 1973. Bail under Section 438 is a bail before arresting a person cannot be arrested by the police if the anticipatory bail has been granted by the court.