Anticipatory Bail from High Court

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Last Updated on December 15, 2018 by Legalseva.net

Bail is temporary release of an accused person who is waiting for his trial.

Sometimes bail is given on conditions to guarantee that the person will appear in court.

Also Read- ANTICIPATORY BAIL BASICS

According to Indian Penal Code there are three types of bail that an accused person can get

  1. Regular Bail – temporary freedom given by court until final judgement is given for a person’s case.
  2. Interim Bail –Temporary bail given to a person as investigation will take time so till that time person is released temporarily.
  3. Anticipatory Bail – Person claim for this bail himself as he feels that his liberty could be curtailed by his arrest.

Also Read- APPREHENSION OF ARREST: GET AN ANTICIPATORY BAIL.

Anticipatory Bail.

Section 438 of Code Of Criminal Procedure deals with Anticipatory Bail.

Where any person has reason to believe that he may be arrested on accusation of having committed a non – bail able offence he may apply to the High Court or the Court Of Session for a direction under this section that in the event of such arrest he shall be released on bail and that court after taking into consideration the following facts namely:

  •  The gravity and nature of the accusation.
  • The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence.
  • The possibility of the applicant to flee from justice and
  • Where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested.                                                                                Either reject the application forth with or issue an interim order for the grant of anticipatory bail.

Also Read- APPLY FOR BAIL BUT WHEN AND HOW?

Conditions imposed on High Court or Court Of Session before giving anticipatory bail to a person.

  1. He / She shall be available for interrogation by police officer whenever required.
  2. He / She will not induce the facts of the case or threat any person acquainted.
  3. He / She will not leave India without the prior permission of court.

 

Also Read- GETTING DIRECTIONS FROM HIGH COURT IN CRIMINAL CASE

Cancellation Of Anticipatory Bail.

Court can cancel Anticipatory Bail of a person on certain orders.

Orders on which Anticipatory Bail can be cancelled.

When a person is released on bail his bail may be cancelled in following cases.

  •  When during the period of the bail he / she commits the same offence for which he is being tried or has been convicted.
  • When he / she tampers the investigation such as by forcibly preventing the search of places under his / her control.
  • If he / she tampers with the evidence such as by intimidating the prosecution witnesses or interfering with the place of occurrence with a view to remove traces or proof of crime.
  • If he / she underground or to a foreign country or beyond the control of his sureties.
  • If he / she commits acts of violence in revenge against the police or the prosecution witnesses.

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