​​Anticipatory Bail [Pre-Arrest Bail]

The Supreme Court agreed to hear a petition filed by the Karnataka Lokayukta, challenging a Karnataka High Court order granting pre-arrest bail to the BJP MLA Madal Virupakshappa. In this context, it is important to understand what is pre-arrest bail and what are the conditions under which it can be granted. This is an important topic for the IAS exam polity segment.

Pre-arrest Bail or Anticipatory Bail

In India, pre-arrest bail is a legal provision that allows an individual to seek bail before the arrest warrant is issued against them. It is also known as anticipatory bail.

• Indian criminal laws allow a person to get bail in anticipation of an arrest for committing a non-bailable offence. 
• Anticipatory Bail comes under the Criminal Procedure Code’s Section 438(1).
• • This section was included in the Criminal Procedure Code (CrPC) after the Law Commission of India recommended its incorporation. It is wise to note that a person can only apply for anticipatory bail if the offence is non-bailable in nature.

Read more on bail in the linked article.

What are the Conditions for Anticipatory Bail?

• To apply for pre-arrest bail, the person has to file an application in the High Court or the Sessions Court.
• The application should state the reasons for seeking pre-arrest bail and provide any evidence to support the claim. 
• After evaluating the merit of the application, the Court may grant the bail on the following conditions:
  • The accused must be available whenever s/he is called for interrogation by a Police Officer(s).
  • After the accused files for Anticipatory Bail, the opposing party must be notified about the same. The opposition can also contest the bail application in the same Court. Moreover, the opposing party may seek the help of a Public Prosecutor for the purpose.
  • The accused must not directly or indirectly persuade, induce, promise, or threaten anyone associated with the case to refrain from disclosing facts pertaining to the case to either the concerned Court or Police Officer(s).
  • The accused must not leave India without taking prior permission from the High Court or Sessions Court.
• Anticipatory Bails can be issued only by the High Court of a state or Sessions Court. It empowers the accused to seek a reprieve from arrest.
• So, if the court grants pre-arrest bail, the person can avoid being arrested and can continue to be at liberty. And the bail is usually granted with certain conditions such as providing a surety or personal bond, surrendering the passport, reporting to the police station, and refraining from tampering with evidence or influencing witnesses.

Eligibility for Pre-arrest Bail

• Any Indian citizen accused of a cognizable or non-cognizable offence and expecting arrest can approach a Sessions Court or High Court to get an Anticipatory Bail. 
• Generally, people apply for Anticipatory Bail when they believe that they have been falsely implicated in a case or have been subject to trumped-up charges and might get arrested.
• For example, the charges might be because of enmity with someone or on account of a false case. If the Court sees merit in the application, it may direct the concerned authorities to release the applicant on bail in the event of an arrest.
• It is important to note that pre-arrest bail is not a guarantee that the person will not be arrested. The police can still arrest the person if they violate the conditions of the bail or if new evidence comes to light. However, pre-arrest bail provides some relief to the individual and protects their liberty until the court decides on the case.

​​Anticipatory Bail [Pre-Arrest Bail]:- Download PDF Here