What Are the Conditions for Anticipatory Bail?

Anticipatory Bail Conditions

Anticipatory bail is a provision under Section 438 of the Criminal Procedure Code (CrPC) that allows a person to seek bail in anticipation of an arrest in a non-bailable offense.

Key Points

• Filing an Application: The applicant must file an application for anticipatory bail in the relevant Sessions Court or High Court, specifying the reasons for seeking bail.
• Conditions Imposed: Courts may impose specific conditions when granting anticipatory bail, including:
  • The applicant must cooperate with the investigation.
  • The applicant should not leave the country without permission from the court.
  • The applicant must appear before the investigating officer as and when required.
  • The applicant should not indulge in any activities that could hinder the investigation.
• Duration: The anticipatory bail remains in effect until the conclusion of the trial or until the court revokes it.
• Subsequent Arrest: If the applicant is arrested after the grant of anticipatory bail, they will be released immediately based on the court’s order.
• Non-Bailable Offenses: Anticipatory bail is primarily sought in cases involving non-bailable offenses, providing protection against arbitrary arrest.

Summary

Anticipatory bail allows individuals to secure bail before arrest, subject to conditions imposed by the court, such as cooperation with investigations and restrictions on travel.