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Live law: pre-arrest Bail Know your rights and entitlements.

Chapter 4(c) Pre-arrest Bail (Cr. Prof. Ko.K. 438)

Live law: Introduction: A non-bailable criminal case (case) is filed against a person by making false accusations in society, and an attempt is made to defame and defame that person in society. Then, through the court, such an innocent person can get pre-arrest bail, and his wasted freedom and dignity in society can be protected. 

Pre-arrest bail means that the accused person should not actually be arrested, and if he is arrested, an order for more bail is obtained so that he can be released on bail immediately, so he is released on bail at the moment of arrest. Thus, an innocent person is protected from arrest. " Bail is a surety bond given by the person concerned to appear before the court at a fixed time at a fixed place.

Live Law: Important Points for Obtaining Anticipatory Bail

(1) The person applying for bail must have specific allegations of a non-bailable offence.

(2) Such a person should be reasonably likely to be arrested.

(3) Prima facie, such a person must be innocent.

(4) If such a person is granted anticipatory bail, it should be ensured that he does not abscond.

(5) Such person shall not take advantage of pre-arrest bail. 

E.g., committing a new offence, putting pressure on the witness, interfering with the hearing of the case, not complying with the condition imposed by the court.

See Note 2000 km. law J. 4674 In the said case, the bail applicant first paid Rs. 10 crore in court. Pre-arrest bail was granted on the condition of a deposit. But the relevant court has used its discretionary power in a wrong manner, and the above order is c. Lakhan Singh Kushwah vs. . State of M.P., 2000 BC. Law J. 1943 (M.P.) (Criterion of powers of the Court under Articles 14 and 21 of the Constitution of India)

Jagannath vs. . State of Maharashtra, 1982 b. L. R. 261 (Evidence Assessment); c. Gurubaksh Singh Siba vs. . State of Punjab, A.I.R. 1980 Su.Co. (Guidelines); d. Avinash Arora vs. . State of Chandigarh, etc., 2001 Bombay Cr. K. 126 (Su.Co.) 2; Cr. Prof. K.K. An application for anticipatory bail was made under 438.

Live law: accused vs. N.D.P.S. It was alleged that the provisions of Act 1985 had been violated. Not only this, the applicants helped the culprit escape and hide. His pre-arrest bail application was cancelled as he interfered in the investigation, creating difficulty, and the case was still under investigation, so his anti-arrest bail application was cancelled and the investigation of the caIn the 2001 Cr. Law J. 70 (H.P.) K.Pro.Co.K. 438–439 case Manbhari Devi and others v. State, the accused was requested to be released on bond for their alleged violations of Schedule 14 of the Schedule Costs and Schedule Trois Bus (Prevention of Atrocities) Act, 1989. Furthermore, the Sessions Court in question may still decide to grant the accused's bail application even if it is not classified as a Special Court. she was not yet completed.



This was the opinion of the High Court in this regard. The Supreme Court has expressed the opinion that it is illegal.

live law: State vs. . Mahalingu, 2001 Cr. Law J. 237, 2. Direction to Grant Bail to Person Suspected of Arrest Section 438: Directions to grant bail to a person suspected of arrest. -- 

(1) Where any person reasonably believes that he will be arrested on a charge of a bailable offence, even if such arrest has been made An application may be made to the High Court or the Court of Session for a direction under this section that she be released on bail, and the Court may, after considering, inter alia, the following factors, either reject the immediate application or grant an interim order granting anticipatory bail: (a) the nature or gravity of the charge: ( (ii) the antecedent character of the applicant including the facts as to whether or how he has previously been sentenced to imprisonment by a court of law in respect of any cognizable offence; ( three ) the applicant's likelihood of fleeing from justice and ( four ) the applicant is charged with intent to humiliate or defame him if so arrested; Provided that, when the High Court, or, as the case may be, the Court of Session, has not made any interim order under this sub-section for grant of anticipatory bail or has rejected the application, it shall be open to the officer-in-charge of a police station to arrest the applicant without warrant on the basis of the allegations made in such application.

(1-c) Where an interim order has been made by the Court under sub-section (1), it shall, with a view to giving the Government Prosecutor a reasonable opportunity of presenting his case, on the Government Prosecutor and the Superintendent of Police, when the application is finally heard by the Court.

The new sub-section (1) that follows the substitution of sub-section (1) in section 438 allows a person who has reason to believe that he is going to be arrested for an offence for which bail is not required to apply for anticipatory bail to the High Court or the Court of Session, depending on the circumstances. application for pre-arrest bail.


Provisions are made to grant pre-arrest bail or an order to dismiss the application. Also, when such pre-arrest bail has not been ordered, the police officer shall arrest such person, and at the final hearing of the application for grant of such bail, notice shall be issued to the Public Prosecutor and the Superintendent of Police to give the Public Prosecutor an opportunity to present his case. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may, in such direction, include such conditions as it thinks fit in the facts of the particular case and may include the following conditions: (a) as and when necessary; A condition that the person should be available for examination by a police officer; (ii) provided that the person shall not induce, threaten, or promise, directly or indirectly, any person familiar with the facts of the case so as to deter him from disclosing such facts before the court or any police officer; (iii) a condition that the person should not leave India without the prior permission of the Court;

(iv) any other condition imposed under sub-section (3) of that section as if bail had been granted under section 437. (3) If such person is subsequently arrested without warrant by an officer in charge of a police station on such charge and is willing to give bail at the time of arrest or at any time while in the custody of such officer, he shall be released on bail; and if the magistrate, taking cognizance of such offence, decides that he should issue a warrant against the person in the first instance, he shall issue a bailable warrant under sub-section (1) as directed by the Court.