Anticipatory Bail
/ænˈtɪsɪpətɔːri beɪl/
Legal Term
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Definition
A direction by a Sessions Court or High Court that in the event of arrest, the applicant shall be released on bail. Sought when a person apprehends arrest for a non-bailable offence before any arrest is made. Governed by Section 438 CrPC (Section 482 BNSS). The court considers the nature of accusation, antecedents, possibility of flight, and whether the accusation appears motivated.
Examples
Case Study
In Gurbaksh Singh Sibbia v. State of Punjab (1980), a Constitution Bench held that anticipatory bail should be granted liberally in genuine cases and need not be time-limited to the investigation period — it can continue through trial.
Key Cases
Gurbaksh Singh Sibbia v. State of Punjab
1980AIR 1980 SC 1632
Section 438 to be interpreted broadly in favour of liberty. Anticipatory bail cannot be refused solely on gravity of the offence. Unnecessary conditions should not be imposed.
View on Indian Kanoon →Sushila Aggarwal v. State (NCT of Delhi)
2020(2020) 5 SCC 1
Anticipatory bail does not automatically expire on filing of chargesheet. It can continue for the entire trial unless specifically limited.
View on Indian Kanoon →