anticipatory bail

What is anticipatory bail and how it issued

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. There is a provision for anticipatory bail under Section 438 of Criminal Procedure Code.

If a person anticipate that he may be arrested for a noncognizable non bailable offence, he may apply to the HC or Sessions court under section 438 Cr PC for anticipatory bail, i.e. in the event of arrest, he shall be released on bail. While granting AB, the court may impose certain conditions in the interest of justice. If accused wanted to visit abroad while under AB, he shall take permission from the court to do so. The AB is valid during the whole proceedings of the case unless cancelled due to some reason.



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