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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:
(a)
a condition that the person shall make himself available for interrogation
by the police officer as and when required;
(b)
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;
(c)
a condition that the person shall not leave India without the previous
permission of the court.
ARREST
If
such person is thereafter arrested, and is prepared either at the
time of arrest or at any time while in the custody of such officer
to give bail, he shall be released on bail and the magistrate taking
cognizance of such offence decides that warrant should be issued
against that person, he shall issue a bailable warrant in conformity
with the direction of the court granting anticipatory bail.
ANTCIPATORY BAIL NOT A BLANKET ORDER
The
applicant must show by disclosing special facts and events that
he has reason to believe, that he may be arrested for a non-bailable
offence so that the court may take care to specify the offence or
offences in respect of which alone the order will be effective and
it is not a blanket order covering all other offences.
CANCELLATION
An
accused is free on bail as long as the same is not cancelled. The
High Court or Court of Session may direct that any person who has
been released on bail be arrested and commit him to custody on an
application moved by the complainant or the prosecution.
ANTICIPATORY BAIL NOT AVAILABLE IN UTTAR PRADESH
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