Anticipatory Bail
Anticipatory bail is a direction issued to release a person on Bail even before the person is arrested. In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted.
The anticipatory Bail is granted on the basis of the following factors:
- Nature and gravity of the accusation.
- Applicant’s possibility of fleeing from justice.
- Previous cases against the applicant including any previous convictions or cases of a cognizable offence.
Legal Provisions
- Section 438 of the CrPC lays down the provisions on anticipatory Bail
- Sec. 437(5) & Sec. 439 of CrPC deal with the cancellation of anticipatory Bail.
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