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Anticipatory Bail


Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

 

When can a person apply

When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him,

He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

 

Conditions that may be imposed by the court

The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

  1. a condition that the person shall make himself available for interrogation by the police officer as and when required;

  2. a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

  3. a condition that the person shall not leave India without the previous permission of the court.



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