A STUDY ON anticipatory bail in India

Chitra c, Ms. Roja.k

Saveetha school of law, simats

What is a Bail?
When you are arrested you are taken in to custody. This
means that you are not free to leave the scene. Without
being arrested, you can be detained, however, or held for
questioning for a short time if a police officer or oher person
believes you may be involved in a crime..

What is a Anticipatory Bail?

he Code of Criminal Procedure,1973(Cr.P.C.) has a
provision for a person to seeek the relief of Anticipatory
Bail in India. As per S.438 of the Cr.P.C., an individual can
seek bail if he has any fear or anticipation of being arrested
in the non-bailable offence.
An Anticipatory Bail is meant to safeguard a person accused
of false charges, in the event of he/she being sought to be
arrested by the police in the name of custodial interrogation. The above mentioned
The perrson seeking the relief of the Anticipatory Bail must table describes for how
approach the court of sessions or the High Court of the long an Anticipatory
concerned State.. Bail will be held valid
Validity of Anticipatory Bail: and whether layman
The validity of AB depends upon the discretion of the court are aware about the
The Code of Criminal Procedure, 1973,s.438,at the procedure for
to grant the duration of AB. Where the court does not
very outset is based on a clear nexus of perrsonal obtaining a bail with
specify, it normally remains valid till your case is
liberty of the individual with the protection granted the help of public view
completely disposed of. Generally the court grants AB for a
under the constitutioin of India,Article.21.The law conducted as a field
period of 30 days,one needs to apply for regular bail. But if
presumes an accused to be innocent till the guilt is survey.
the person is arrested he must produce his AB and also file
proved and this is important component of the right to
for regular bail during the stipulated time of the AB.once the
fair trial that an essential ingredient of right to life and
stipulated time expires, the person should file fo the
personal liberty enshrined in Article 21. Keeping in
extension of AB or file it as fresh.. The AB is granted till the
mind all these factors,s.438 seems to be in consonance
filling of charge sheet but when charge sheet is filed, you
with the principles enshrined in the Constitution.
need to go for regular bail.