What are the laws related to anticipatory bail in India?
The laws related to anticipatory bail in India are contained in Section 438 of the Code of Criminal Procedure, 1973. This section provides that a person who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, 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 on bail.
The following are the key provisions of Section 438 of the CrPC:
- Anticipatory bail can be granted only for non-bailable offences.
- The person applying for anticipatory bail must have reason to believe that he may be arrested.
- The Court can grant anticipatory bail if it thinks fit.
- The Court can impose conditions on the grant of anticipatory bail, such as the furnishing of a bond, the surrender of passports, and the reporting to the police on a regular basis.
The Supreme Court has held that the right to anticipatory bail is a fundamental right under Article 21 of the Constitution of India. This means that the Court must grant anticipatory bail if the person applying for it can show that his/her personal liberty is likely to be adversely affected if he/she is arrested.
The following are some of the factors that the Court will consider when deciding whether to grant anticipatory bail:
- The nature of the offence.
- The evidence against the accused.
- The likelihood of the accused fleeing justice.
- The possibility of the accused tampering with evidence.
- The impact of the arrest on the accused’s personal and professional life.
The Court will also consider the public interest while deciding whether to grant anticipatory bail. For example, if the offence is of a serious nature and the accused is a flight risk, the Court may be less likely to grant anticipatory bail.
Anticipatory bail is a valuable tool for protecting the personal liberty of individuals. It allows people to avoid arrest and detention even if they are accused of serious crimes. However, it is important to note that anticipatory bail is not a guaranteed right. The Court will carefully consider all the relevant factors before deciding whether to grant it.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304