Anticipatory Bail (Pre-arrest Bail)

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 ðŸ”†Anticipatory Bail (Pre-arrest Bail)


✅The Supreme Court recently gave the power to the Sessions Court or High Court to grant interim/transit anticipatory bail, even when the FIR has been registered in another state.

✅ The Supreme Court of India has proposed the introduction of a comprehensive bail law in India to deal with the rising pendency of bail applications.


✅Regular Bail- is generally granted to a person who has been arrested or is in police custody. The Accused is entitled for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates Court, before Magistrate.

✅Interim Bail- is granted for a short period of time before the hearing for the grant of regular bail or anticipatory bail.

Anticipatory Bail- is granted to a person in anticipation and apprehending arrest. Any individual who discerns that he may be tried for a non-bailable offence can apply for anticipatory bail in a High Court or Sessions Court. The Police cannot arrest a person who has been granted anticipatory bail. The main objective of this type of bail is to protect an individual from false accusations or charges made against him/her. 

✅Transit Anticipatory Bail- is sought when a case against a person has been or is likely to be filed in a state different from the one in which the person is likely to be arrested. Its purpose is to allow the person bail, so that he can approach the appropriate court in the state in which the case has been filed for an anticipatory bail. There is no legal provision in Indian law for this type of bail, but it has found its identity through judicial practice and legal precedents.

Statutory Bail- is granted when the police fail to file a complaint within the specified time limit

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