Anticipatory Bail

The Supreme Court (SC) of India in the case of Priya Indoria vs. State of Karnataka and Ors., 2023 ruled that a Sessions Court or the High Court in a state can grant transit anticipatory bail to an accused though the First Information Report (FIR) is registered outside their jurisdiction.

  • In India, pre-arrest bail, as provided under section 438 of the CrPC, 1973, enables an accused individual to seek bail before being taken into custody.
  • This relief is exclusively granted by the Sessions Court and High Court.
  • The decision to grant pre-arrest bail rests upon the court's discretion, taking into account ....
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