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Anticipatory bail

(Querist) 06 November 2017 This query is : Resolved 
Can someone pls provide me info about anticipatory bail? Can anticipatory bail be taken by the accused, if he can anticipate the sections under which he can be booked in the future, prior to FIR lodged against him in the police station?


Ms.Usha Kapoor (Expert) 07 November 2017
SRA means Slum Rehabilitation Authority or Society Registration Act? Assuming that this query relates to housing society I;m answering accordingly.
Section 438 of the Code reads as under:-
“Direction for grant of bail to person apprehending arrest”
Where any person has reason to believe that he may be arrested on 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 that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely-
• The nature and gravity of the accusation;
• The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
• The possibility of the applicant to flee from justice; and.
• Where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, Either reject the application forthwith or issue an interim order for the grant of anticipatory bail:
Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this Sub-Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. […]

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Rajendra K Goyal (Expert) 07 November 2017
State material facts of the problem if any.

How are you concerned / related with the query?
Saberi Nandi (Querist) 07 November 2017
The lady has been beaten up by her husband and in laws. She somehow managed to call police and her inlaws were taken to the police station. However she didnt file any complaint as they apologised and assured that it would not happen in future. Now as they are aware of the sections under which they can be booked in the future, can they take anticipatory bail prior to lodging of complaint by the victim in the future?
Saberi Nandi (Querist) 07 November 2017
mentioned the details
Dr J C Vashista (Expert) 08 November 2017
What is the relevance of response of impersonating expert with respect to the question of anticipatory bail raised by author?
Rajendra K Goyal (Expert) 08 November 2017
Anticipatory bail can not be granted only on the basis of assumptions.

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