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monjula sooresh (Chief Executive)     23 August 2020

Anticipatory bail application

is it mandatory that any ABA must explicitly state "apprehension of arrest" in order to be valid / admitted?


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 August 2020

Hello,

Yes you have to show court that you have apprehension of arrest. 

monjula sooresh (Chief Executive)     23 August 2020

thank you for your immediate response. my question was does the application necessarily have to state " I am apprehending arrest .... " or is it enough to state "an application u/s 438CrPC...?

Thank you

K Rajasekharan (Advocate)     23 August 2020

Application for anticipatory bail can be filed only when a person apprehendes arrest. It should be based on facts but not on vague generalisation.

To know some more details about anticipatory bail law and to read two constitutional bench judgements, please see the write up on the topic at  https://www.lawwatch.in/2020/07/25/Anticipatory%20bail/


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