What Is The Validity Of Anticipatory Bail In India?
What is the validity of Anticipatory bail in India?
Free Legal Advice - criminal law
Posted by: Arun Negi
Posted on: 2018-08-27
As per Section 438 of CrPc, an Anticipatory? bail can be granted to a person who apprehends his arrest on a charge of non-bail able? offence. Anticipatory bail can be granted only by a high court or a court of sessions. The courts have wide discretions in granting or refusing to grant anticipatory bail. The Court dealing with an application for anticipatory bail, shall take into consideration the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant to flee from justice. In order to grant anticipatory bail, filing of FIR is not a condition precedent. Even if the FIR is not filed, a person can move for an anticipatory bail if he apprehends arrest on the accusation of a cognizable and non-cognizable offence.
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