What is Anticipatory Bail? | What is difference between BAIL & ANTICIPATORY BAIL? | PRE-ARREST BAIL

Anticipatory bail is a boon and a bane looking at the news events in UP and other parts of the country and at the same time ensure dignity of human rights under the law. Thus, a reset of its applicability and implementation is a need of the hour.
What is it?
Section 438 of the Criminal Procedure Code (CrPC) provides for the provision of anticipatory bail.
However, the term “anticipatory bail” is nowhere defined in the CrPC.
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
The purpose of the grant of anticipatory bail is to protect the life and liberty of the appellant and to protect him from unnecessary trauma and defamation of frivolous and false charges and arrest.
Anticipatory bail became part of the new CrPC in 1973, after the 41st Law Commission Report of 1969 recommended the inclusion of the provision.
As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made.
The section mandates that all pre-arrest bail would have at least three conditions attached to it : the accused should cooperate in investigation, not tamper with evidence or influence the witness, and not leave the country without prior permission of the court.
According to Section 438(1), the High Court and the Court of Session have concurrent powers to consider anticipatory bail applications.
Though there is no specific mention in Section 438, it is normally presumed that the Court of Session would be first approached, unless an adequate case is made out for straightaway approaching the High Court directly.
When the application of anticipatory bail is rejected by the Court of Session, then a fresh application can be made in the High Court.
The Court within whose jurisdiction the arrest has been apprehended has the jurisdiction to admit the application of anticipatory bail.
The grant of anticipatory bail can be allowed even in the absence of the applicant.
It is only if the public prosecutor applies to the court for the appearance of the applicant it becomes mandatory for him to appear.
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#ANTICIPATORYBAIL #bail #bailvsanticipatorybail #upsc #law #ssc #psc #cs #ca #cma #llb #mba #mcom #bcom #legalterms

[@padhakulog]

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[@gitarthasarma2872]

The way u r talking is really appreciated.

[@outdothyself5745]

Great effort. Please keep good work going. Ur talent n hard work will definitely get u millions of subscribers one day👍

[@padhakulog]

KaUr KomAL thank u for the kind words :)

[@akshaylandge5055]

Thnk you so much for this video🤩👍

[@drums-devil]

Awuu thank you so much mam😍🤗.I am very much cleared ...Anticipatory bail.

[@falgunigelot1709]

Thank you

[@bbggamerfact5882]

Thank you mam ji

[@pumanwangsu7333]

Appreciated

[@karansingh-vb2hn]

Nicely explained

[@MrVikrantparab]

Great..

[@Anjalis.Corner]

Great effort 🤩🤩👌👌

[@pinki.pawara22]

Mam Cognizable Non bailable offence Anticipatory bail ke under aata hai kya

[@kanhaiya6379]

Mam! Is it necessary that there should be an FIR against the person asking for anticipatory bail ? Or he can ask for the bail on the ground of apprehension of being named in some FIR.

[@mittalpatil1423]

Mam aap CRPC k topic par video banao

[@ShaRobin]

Nice explained dear❤️

[@mittalpatil1423]

Mam please juvenile justice Act k object par video banaiye

[@Manas_Choudhary]

Payal ma'am, if there is no right to bail for non-bailable offences, how is it that an anticipatory bail can be granted for non-bailable offences?

[@khansahil2038]

Mam maine ladai ki ab muje police call kr rhi hai kya mai ya bail lai javu aur kiske hath lai ja skta hu

[@rockdutta7470]

too good ma'am

[@padhakulog]

❤️❤️

[@ritvik14159]

Sir ek case discuss krna h

[@MagnusFAN]

Mam, kisi bhi offence me mil jati hai kya anticipatory bail ? Kisi pe murder, ya kidnapping ke charges hain to kya wo anticipatory bail le sakta hai .....or is it mandatory that whenever one applies for anticipatory bail he will always get

[@padhakulog]

No beta...kisi b tarah ki bail apka right nhi hota...wo court ka discretion hota hai...agar lage unhe ki haan insaan bahar rhega tbhi b proceeding ho skti complete to n insaan cooperate krega...tbhi bail milti...har case me nhi.

[@MagnusFAN]

@@padhakulog ok thanks mam

[@harishchandrapandey1950]

अग्रिम जमानत होने पर, अगर सरकारी गवाह बन जाए कोई तो, क्या गिरफ्तारी होगी??

[@AnkurDubey-sp6xk]

🙏🙏🙏🙏🙏🙏🤷🤷🤷🤷🤷🙋🙋🙋🙋✍️✍️✍️✍️✍️

[@udit__yaduwanshi]

Likh ke pass toh ho jaunga na

[@longtisehsangtam7611]

You talk like salman khan.

[@minuantony6495]

Thank you