Anticipatory & Regular Bail Applications
1. Anticipatory Bail Application
Anticipatory bail is a pre-arrest legal remedy under Section 438 of the Criminal Procedure Code (CrPC), granted when a person apprehends arrest in a non-bailable offense.
Key Features:
- Filed before arrest: The applicant seeks protection against possible detention.
- Granted by Sessions Court or High Court: The accused must prove reasonable apprehension of arrest.
- Conditions Imposed: The court may impose conditions, such as cooperating with the investigation and not leaving the country.
- Not available in all cases: Courts can deny anticipatory bail in serious offenses like murder, rape, or economic offenses.
Procedure to Apply for Anticipatory Bail:
- File an anticipatory bail application in the Sessions Court or High Court.
- The court examines the grounds for apprehension of arrest.
- The prosecution is given a chance to present objections.
- If granted, the applicant gets protection from arrest, subject to conditions.
2. Regular Bail Application
Regular bail is applied for when a person has already been arrested and is in judicial or police custody. It is governed by Sections 437 and 439 of the CrPC.
Key Features:
- Filed after arrest: The accused seeks release from custody.
- Types of Bail:
- Bail in bailable offenses: Granted as a matter of right.
- Bail in non-bailable offenses: Granted at the discretion of the court.
- Filed in the Trial Court, Sessions Court, or High Court.
- May be rejected: If the court believes the accused may abscond, tamper with evidence, or influence witnesses.
Procedure to Apply for Regular Bail:
- File a bail application before the Magistrate or Sessions Court.
- The prosecution presents objections, if any.
- The court considers factors such as the gravity of the offense, criminal history, and investigation status.
- If granted, the accused must furnish a bail bond and comply with conditions set by the court.