Anticipatory Bail: A matter of Right or Defence?

Introduction

Arrest isn’t the end-Know your rights to legal Protection

Anticipatory Bail or the pre-arrest bail can be obtained by a person when he has

apprehension of being arrested by the police in a non-bailable offence. Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals specifically with

this kind of bail provision. Anticipatory Bail depends entirely on the

discretionary power of the Court. The Anticipatory Bail can also safeguard a

person who is falsely accused in the case out of personal hatred or issue.

What is Anticipatory Bail?

Anticipatory Bail is a form of bail that protects a person in anticipation of arrest

by applying in court of law, even before the arrest is actually made. Unlike

regular bail, where a person is released when he is in police or judicial custody,

this section permits a person to be freed on bond even before the arrest after

applying to the Court. This provision mainly protects a person’s fear of arrest in

a criminal case.

Who can apply?

 Any person who has reason to believe that he may be arrested

 The arrest and apprehension involving committing a non-bailable offence

 Where any person believes that an FIR is filed or can be filed?

 When arrest has not been made

Any person receiving police enquiry

notices, threatening messages or media reports relating to a case

When can you apply for Anticipatory Bail?

 When there is reasonable apprehension before arrest

 When apprehension is regarding a non-bailable offence

During the police inquiry or FIR being registered by the police authority

Where can you file?

The Anticipatory Bail application should be filed in the Sessions Court or the

High Court

How can you apply?

Here is the process to file an anticipatory bail

Step 1

Contact a Lawyer

The first step is to contact a lawyer who can guide and advise a person who

believes he can be arrested or anticipates being arrested by the police officials in

filing and applying for the anticipatory Bail application.

Step 2

File an anticipatory bail application

Then the next step is to apply for the petition of anticipatory Bail under Section

482 of BNSS before the Sessions or High Court.

Step 3

Court Hearing

Then the matter is heard by the Court, the applicant prays for the granting of

anticipatory bail stating his conditions, and the other party opposes the bail. It is

the discretionary power of the court to either allow or deny bail. If the bail is

granted, then it is subject to conditions.

Grounds for granting Anticipatory Bail

Following grounds are considered when granting bail

Depends on the nature and seriousness of the offences mentioned

Past criminal records of the accused

 Possibility of absconding

Influencing a witness or tampering with evidence

False allegations proving malicious intent

 Strong grounds of apprehension of arrest

When Rejected?

Here are circumstances when Anticipatory Bail can be cancelled

When the accused gets involved in a criminal activity

When accused interferes with the investigation

 When he tries attempting tamper evidence

 When he tries to place himself beyond reach of surety

 When the accused misuses it

Landmark Cases

Suresh Vasudeva v. State

Sushila Aggarwal v. State

Gurbaksh Singh Sibbia and others v. State of Punjab

Conclusion

Anticipatory Bail was introduced in our Indian Laws with the intention of

protecting an individual’s liberty, which should not be harmed, and no innocent

person should be held without cause. Through various Landmark Judgments,

the Indian Judiciary has proved that Anticipatory bail is a right and and should

not be misused for hiding a crime or taking shelter as a defence against any

heinous crimes so proper guidelines are mentioned when granting Anticipatory

bail to the accused with a surety.

FAQs

OLQ LAW FIRM

1. Can anticipatory bail be cancelled after it is granted?

Yes, police can file a cancellation application if you violate conditions,

abscond, threaten witnesses, tamper evidence, or misuse liberty granted.

2. What is the time period of anticipatory bail?

Anticipatory bail will be issued until the trial is completed, until it is

modified or cancelled.

3. Is anticipatory Bail available for all offences?

No. Certain special statutes restrict or bar anticipatory bail.

4. What documents are required for an anticipatory bail application?

Required documents include: FIR copy (if registered), complaint copy,

address proof, employment letter, character certificates, previous court

orders (if any), and supporting affidavit with your application.

5. How OLQ Law Firm Helps?

 Comprehensive Case Assessment

 Drafting Strong Bail Applications

Guidance Throughout the Investigation

 Representation in Complex Cases

OLQ LAW FIRM

Call/Whatsapp:89819 49111

Anticipatory Bail| Section 482 BNSS| Anticipatory Bail Conditions|

Documents required for anticipatory bail| Anticipatory Bail under