A lawyer received a call from a client this evening. The client told the lawyer that he had received an instruction from the police station — he was required to appear there the following morning.
The lawyer advised him: "Please call the police officer back and ask the following questions:
- Has any case been registered against your name?
- What is the purpose of your appearance?
If the answer is yes, ask for the crime number and tell them: 'I need to discuss this with my lawyer.'"
this is short story about anticipatory bail
What is anticipatory bail ?
Anticipatory bail arises when there is a likelihood of arrest. Anticipatory bail is a legal protection granted to a person who fears arrest by the police in connection with a criminal case involving a non-bailable offence under the criminal law. If the person has committed any act under criminal law, the risk of arrest is high, and the person can apply for anticipatory bail before being arrested.
The advocate shall file the anticipatory bail application before the competent court. Upon receipt of the application, the court may call for a report from the investigating officer. After considering the police report and hearing the submissions of both the petitioner and the respondent, the court shall proceed to pass appropriate orders on the anticipatory bail application.
An application for anticipatory bail can be filed before the District Court or High Court even in the absence of a registered FIR. The maintainability of such a petition depends upon the existence of a reasonable apprehension of arrest. If no crime is registered against the petitioner, the anticipatory bail application may be disposed of as a no-crime anticipatory bail petition.
An anticipatory bail application is a pre-arrest legal remedy that provides protection against arrest. The jurisdictional provisions applicable to the case also affect the filing of an anticipatory bail application. In certain circumstances, the petitioner may not have sufficient time to approach the court having territorial jurisdiction before the apprehended arrest.
At such a juncture, the petitioner may approach a High Court and seek transit anticipatory bail. Such a petition is generally considered as an application for transit anticipatory bail. If the Court grants transit anticipatory bail, the petitioner is afforded reasonable time and protection to approach and file a regular anticipatory bail application before the competent court having proper jurisdiction to adjudicate the matter.
Merely because a person has been summoned does not mean that he will not be taken into custody. If he has a reasonable apprehension of arrest, he is entitled to seek anticipatory bail to protect his liberty and prevent arrest.
Section 482 in Bharatiya Nagarik Suraksha Sanhita, 2023
482. Direction for grant of bail to person apprehending arrest.
(1) 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.
(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;(iii) a condition that the person shall not leave India without the previous permission of the Court;(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).
(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.
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