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Question Bank
Question
Which provision of law deals with anticipatory bail?
Solution
Section 482(1) of Bharatiya Nagarik Suraksha Sanhita 2023 reads as follows: When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Question
Did earlier codes have the provision to seek anticipatory bail?
Solution
Section 482 BNSS is pari materia with Section 438 of the Code of Criminal Procedure,1973. Under the 1898 Code, the concept of anticipatory or pre-arrest bail was absent and the need for introduction of a new provision in the CrPC empowering the High Court and Court of Session to grant anticipatory bail was pointed out by the 41st Law Commission of India in its report dated September 24, 1969.
Question
What is anticipatory bail?
Solution
When the Court grants ‘anticipatory bail’ what it does is to make an order that in the event of arrest, a person shall be released on bail. It is not as if bail is presently granted by the Court in anticipation of arrest [ Balchand Jain vs State Of Madhya Pradesh ]
Question
When can Courts Grant anticipatory bail?
Solution
Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the discretion of the court.[Refer Sushila Aggarwal v. State (NCT of Delhi), [2020] 2 SCR 1, (2020) 5 SCC 1,2020 INSC 106]
Question
When can a person file anticipatory bail?
Solution
A person can file an anticipatory bail petition when he has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence.
When a person complains of apprehension of arrest and approaches for order, the application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence. The application seeking anticipatory bail should contain bare essential facts relating to the offence, and why the applicant reasonably apprehends arrest, as well as his side of the story. These are essential for the court which should consider his application, to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed.
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