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WHAT IS ANTICIPATORY BAIL AND HOW TO APPLY FOR IT ? BY DR.ANUPAM KUMAR MISHRA

WHAT IS ANTICIPATORY BAIL AND HOW TO APPLY FOR IT WITH THE LATEST JUDGEMENT? 

Anticipatory bail is a legal remedy available in some countries, including India, that allows a person to seek pre-arrest protection from the court in anticipation of being arrested in a non-bailable offense. The purpose of anticipatory bail is to prevent harassment and arrest by the police in cases where the person apprehends his arrest based on false or frivolous allegations.

In India, Section 438 of the Code of Criminal Procedure (CrPC) governs the provision for anticipatory bail. Here's how you can apply for anticipatory bail in India:

  • 1-Consult an Advocate: Before applying for anticipatory bail, consult an experienced criminal defense lawyer who is familiar with the process and can guide you through the legal requirements.

  • 2-Draft the Application: The lawyer will help you draft the anticipatory bail application, which should include details such as your name, address, and contact information. It should also mention the offense you are seeking anticipatory bail for and the reasons why you believe you may be arrested.

  • 3-Grounds for Anticipatory Bail: In the application, provide valid grounds for seeking anticipatory bail. These grounds may include innocence, lack of evidence against you, and the fear of being falsely implicated in the case.

  • 4-Supporting Documents: Attach supporting documents that strengthen your case, such as affidavits, character certificates, medical records (if relevant), and any evidence to substantiate your claim.

  • 5-Notice to the Prosecutor: The anticipatory bail application must be served to the Public Prosecutor to give them an opportunity to contest your application in court.

  • 6-Appearance in Court: On the date of the hearing, you, along with your lawyer, must appear in court. The court will listen to your arguments and the prosecutor's response before making a decision.

  • 7-Conditions of Anticipatory Bail: If the court grants anticipatory bail, it may impose certain conditions that you must adhere to. These conditions could include surrendering your passport, not leaving the country without permission, or cooperating with the investigation.

  • 8-Duration of Anticipatory Bail: Anticipatory bail is typically granted for a specific period. After that period expires, you may need to approach the court again for an extension if necessary.

  • 9-Follow Court Orders: Once the court grants anticipatory bail, it is essential to comply with all the conditions set by the court. Failure to do so could lead to the cancellation of anticipatory bail.

Remember that anticipatory bail is not a guarantee that you will never be arrested. It only provides temporary protection from arrest, allowing you to cooperate with the police during the investigation. It is crucial to follow the legal process diligently and seek legal advice to maximize the chances of obtaining anticipatory bail successfully.

Recent Landmark Judgments: The Supreme Court of India and various High Courts have delivered several significant judgments related to anticipatory bail. Some notable ones are:

  • 1-Sushila Aggarwal and Others vs. State (NCT of Delhi) (2020): The Supreme Court clarified that the protection granted to an accused under Section 438 CrPC should not be limited by time. Anticipatory bail can continue till the end of the trial unless canceled by a competent court.


  • 2-Siddharam Satlingappa Mhetre vs. State of Maharashtra (2011): The Supreme Court held that the power to grant anticipatory bail should be exercised with due caution and only in deserving cases. It emphasized the importance of preserving the individual's liberty while maintaining law and order.

  • DR. ANUPAM KUMAR MISHRA [ADVOCATE]

    Mobile No.: +91- 9051112233.

    E-Mail ID- lexisdelhi@gmail.com

    LEXIS & COMPANY [LAW FIRM]

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