“Freedom in Advance: Understanding the Power of Anticipatory Bail”
Introduction In the Indian legal system, anticipatory bail stands as a powerful legal remedy designed to protect an individual's liberty even before arrest. It acts as a preemptive legal shield against potential misuse of the law and wrongful detention, especially in cases where there is a genuine apprehension of arrest due to false or motivated accusations. What is Anticipatory Bail? Anticipatory bail is a direction to release a person on bail, issued even before the individual is arrested. It is governed by Section 438 of the Criminal Procedure Code (CrPC), 1973. A person anticipating arrest in a non-bailable offense can apply for anticipatory bail from the Sessions Court or High Court. When Can It Be Sought? An individual can apply for anticipatory bail if they: Have reason to believe they…