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What is anticipatory bail ?

 

What is anticipatory bail ?

 Anticipatory bail is a legal provision in India that allows a person who has reason to believe that they may be arrested in the future for a non-bailable offense, to apply for bail in advance before their arrest. The purpose of anticipatory bail is to prevent the arrest of a person, and to allow them to apply for regular bail after arrest.

The provision for anticipatory bail is provided under Section 438 of the Code of Criminal Procedure (CrPC). Anticipatory bail can be granted by a High Court or a Sessions Court. Once granted, the anticipatory bail remains in force until the person is arrested, or until the bail is cancelled by the court.

An application for anticipatory bail can be made by the person who is likely to be arrested, or by any person on their behalf, to the High Court or the Sessions Court within whose jurisdiction the offence has been committed. The application must be accompanied by an affidavit, stating the grounds on which the bail is sought. The court may call for additional information or documents, such as the First Information Report (FIR) or the statement of the person who is likely to be arrested, before deciding on the application.

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