What is Anticipatory bail

Anticipatory bail means grant of bail to a person apprehending arrest. According to the section 482 of the Bharatiya Nagarik Suraksha Sanhita,2023,  when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable  offence, he may apply to the High Court or  the Court of Session for releasing on bail, the Court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail. The High Court or Session court allows anticipatory bail on following condition as it may think fit-

  • A condition that the person shall make himself available for interrogation by a police officer as and when required.
  • A condition that the person shall not , directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or  to any police officer.
  • A condition that the person shall  not leave India without the previous permission of the Court.

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