DISCLAIMER & CONFIRMATION

Anticipatory & Regular Bail Applications

Anticipatory Bail

Anticipatory bail is a legal provision under Section 438 of the Criminal Procedure Code (CrPC) in India. It allows a person to seek bail in anticipation of an arrest for a non-bailable offense. This means that if someone fears they may be falsely implicated or arrested, they can apply for anticipatory bail from the Sessions Court or High Court before the arrest takes place. If granted, it protects the individual from being taken into custody.

Key Features:

• Applied before arrest.
• Granted at the discretion of the court.
• Typically includes conditions like cooperating with the investigation, not leaving the country, or not tampering with evidence.

Regular Bail

Regular bail is granted to a person after they have been arrested and taken into custody. It is a request to the court to release the individual from custody while the trial or investigation is ongoing. This bail can be sought under Section 437 or 439 of the CrPC, depending on the court.

Key Features:

• Applied after arrest.
• Can be granted by Magistrate or Sessions/High Court.
• Conditions may be imposed, such as surety bonds or personal guarantees.

Summary Comparison: