Table of Contents
- What is Anticipatory Bail?
- Why is getting an Anticipatory bail important?
- Procedure for getting an Anticipatory bail?
- What are the factors that court considers while granting Anticipatory bail?
- Does an Anticipatory bail get suspended after filing of chargesheet?
- Does the complainant have the right to oppose an anticipatory bail application?
- Can Anticipatory bail be cancelled by the court?
- Conclusion
What is Anticipatory Bail?
Anticipatory bail or pre arrest bail is obtained by an person who is apprehending arrest in a particular crime. It allows the applicant to get bail even before his arrest, which helps in preventing reputational harm and unnecessary police pressure which is endured by an accused in custody. Anticipatory bail is the bail obtained by an accused who is anticipating his arrest in a particular offence. Section 482 of the BNSS (corresponding to Section 438 of the CrPC) governs the procedure for obtaining anticipatory bail.
Why is getting an Anticipatory bail important?
Influential individuals have the tendency to implicate their rivals in false cases, and it is seen that arrest is oftentimes used as a means of putting pressure upon the rival party. The concept of Anticipatory bail precisely helps in preventing this vice, while also ensuring the co-operation of the Accused by imposing appropriate conditions.
Procedure for getting an Anticipatory bail?
An application for Anticipatory Application is moved under section 482 of the BNSS corresponding to the erstwhile section 438 of the Cr.P.C. It is pertinent to note that only the Sessions court and High court have the right to entertain an Anticipatory bail Application. After filing of the said application the say of the prosecution is called for. In cases concerning offence against women the say/reply of the victim is compulsory, and an order passed without giving sufficient opportunity to the victim is deemed to be void in law.
What are the factors that court considers while granting Anticipatory bail?
The grant of anticipatory bail is not an automatic entitlement but is a matter of judicial discretion, exercised upon a careful assessment of the facts and circumstances of each case. In determining whether such pre-arrest protection ought to be granted, courts consider various factors intended to balance the applicant’s right to personal liberty against the interests of a fair and effective investigation. Accordingly, certain established judicial considerations guide the courts in evaluating an application for anticipatory bail.
Following are some of the factor that court considers while granting Anticipatory bail application to the Accused. The following list is not exhaustive and each case rests upon it owns facts and circumstance.
- Antecedents of the Accused
- Gravity of the offence alleged.
- Whether the Accused is Co-operating with the investigation agency.
- Likelihood of absconding.
- Purpose of Custodial interrogation.
- Nature of hte offence.
Does an Anticipatory bail get suspended after filing of chargesheet?
No, once Anticipatory bail is granted the Accused does not have to obtain regular bail after filing of the chargesheet. The Apex court in has stated that Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98 that Anticipatory bail cannot be time bound and thereby does not come to an end by merely filing of the Challan/Chargesheet.
Does the complainant have the right to oppose an anticipatory bail application?
Yes, the Complainant who has been wronged by the Applicant/Accused can file an intervention application and thereby put forth her contentions with respect to the said Application.
Can Anticipatory bail be cancelled by the court?
Yes, An anticipatory bail granted to the applicant can be cancelled provided that either the order granting Anticipatory bail application is perverse on its face or when the Applicant violates any of the conditions laid down on him by the respective court. Thus and Application for cancellation of the Anticipatory bail granted can be moved before the relevant court, provided such cancellation is supported by cogent reasons/grounds.
Conclusion
Anticipatory bail in one of the most important aspect of the criminal procedure code because it attempts to balance and individuals liberty with the interests of the society. It saves individuals from being implicated in false case as there is significant stigma attached to a person who has been imprisoned by the police, which may marginalize him. It goes without saying that the judicial system in India is slow, in such a system Anticipatory application serves as an important provision which prevent pre trial incarceration of individuals who have been implicated under false and frivolous charges.
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