'Anticipatory Bail', as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 (2 of 1974). The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail.
The concept of bail flows from the right to liberty which is sanctified as one of the fundamental rights in the Constitution of India in Article 21 and its practice prescribed in Article 22(2) as a working theorem and its corollaries in the provisions of Sections 436, 437 and 439 of the Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail thrown in to be resolved into infinite kindly factors by the developed minds of judges imagining what the true state of facts would have been to balance for the time being the agonies of the supposed wrong-doer and the wronged.
The Code of Criminal Procedure (CrPC) is the legislation that governs the administration of criminal proceedings in the country. It was enacted in 1973. Offences are classified into two based on their bailable nature, i.e., bailable offences and non-bailable offences. An offence in simple language is an act or an omission prohibited by law. The concept of bail is still controversial in our country because the public feels that the accused might flee after issuing a bail. There are three types of bail namely regular bail, interim bail, and anticipatory bail. This article briefly discusses the concept of anticipatory bail and important case laws decided in its regard in the Supreme Court.
The right to liberty is the natural right and also the fundamental right of an individual. However, a person has to respect the rights of others recognized by law like the inviolability of their body and their property. When a person is reasonably suspected to have committed an offence the machinery of law is set in motion to arrest him and to bring him to trial and punish him if found guilty. The act of arrest deprives a man of his liberty. Bail sets him free on securing his promise to take trial at a future date and to undergo punishment if found guilty.
The concept of Anticipatory Bail comes into place when the accused may rightfully fear arrest in cases of cognizable offences. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until his case is disposed of. Depending on the gravity of the allegations, a person may be able to avoid arrest altogether. However, there are cases in which arrest is made and the accused is set free as per the provisions of the bail as given under the Criminal Procedure Code. In cases of Criminal cases, especially those pertaining to dowry, anticipatory bail comes as a relief to many accused person. It is literally applied for in anticipation of arrest.
The Book titled "Anticipatory Bail" deals exclusively with the provisions on the subject duly supported by case law with special reference to other allied matters. The topics in the form of synopsis have been discussed in detail with exhaustible legal notes.
Hope it will prove helpful to all concerned.
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