Uploaded on Jun 19, 2024
A Bail could be understood as a legal guarantee by a person, accused of having committed an offence punishable by imprisonment, to participate in the investigation and face the trial before the court by being present before the police or the court whenever called.
Anticipatory Bail Lawyers In Delhi
Anticipatory Bail Lawyers In Del
hi
Anticipatory Bail Lawyers In Del
hi
Anticipatory Bail allows an
accused to seek relief before
arrest in anticipation of being
accused of a non-bailable
offense. Under Section 438 of
the CrPC, one can apply to the
Session’s Court or High Court to
secure bail upon arrest.
Where can one apply for Anticipatory Bail
?
High Courts and Court of Sessions can grant
anticipatory bail upon arrest. Applicants
typically start with the Court of Sessions,
unless circumstances allow direct application
to the High Court. Courts can also grant
temporary bail to facilitate jurisdictional
transfers.
Conditions to Grant Anticipatory Bai
l
When granting anticipatory bail, the Sessions Court or
High Court can impose conditions under Section
438(2):
• The accused must cooperate with police for
investigation when summoned.
• They cannot intimidate witnesses or obstruct
evidence.
• Travel abroad requires court permission.
• Additional conditions under Section 437(3) may
also apply.
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