DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2016-17

SYNOPSIS
Criminal Procedure Code
ANTICIPATORY BAIL
SUBMITTED BY:

SUBMITTED TO:

Alok Kumar Singh

Dr. Prem Kumar Gautam

Roll No: 22

Faculty of Law

Section A

Dr. Ram Manohar Lohia

B.A. LL.B (Hons.), Semester V

National Law University, Lucknow

Research Question

What is the concept of Anticipatory Bail?

Whether this concept of bail adhere by the all the state of Union of India?
How frequently courts grant the Anticipatory Bail?
What is the impact of the Anticipatory Bail on the criminal judicial system?
What is the procedure to apply for the anticipatory bail?

Objective of the study

To know about the nature of the Anticipatory Bail and whether it matter of right or only on the
discretion of the court. We are also want to study that whether anticipatory give any type of help
to judiciary for deciding bail matters.

Hypothesis
Anticipatory Bail is a concept of Bail in which a person can take a directions from the court for
the bail even before that person is actually arrested. But, it is on the discretion of the court
whether they grant anticipatory bail. Concept of state is also depend upon the states policy that
whether it allowed it or not. Those state which not allowed the concept of Antipatory bail they
are bombard with the cases of bail.

Citation Format
Uniform Citation.

RESEARCH METHODOLOGY
The methodology adopted by me is that of literature review wherein I have referenced some past
researches and have taken help of already done and existent data to draw conclusions. My
research I solely based upon secondary means in which I have taken help of books, magazines
articles and law journals to form opinions.

INTRODUCTION:
Anticipatory bail is literally applied for 'in anticipation of arrest'. It is a direction to release a
person on bail, issued even before the person is arrested. If the accused has a reason to believe
that s/he may be arrested on accusation of having committed a non-bailable offence, then s/he
has the right to apply for an anticipatory bail in the Sessions Court or High Court. One may

apply for anticipatory bail after learning about a criminal complaint made against them to the
police by their wife, or by any threats made by her family against themselves and their family. It
is also important to know whether, in cases where the FIR has been filed, the offence is bailable
or non-bailable. While in the former bail in granted as a matter of right, the grant of bail in the
latter is based on several contingencies.
Sec 438 of CrPC defines Anticipatory Bail:
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having
committed a non- bailable offence, he may apply to the High Court or the Court of Session for a
direction under this section; and that Court may, if it thinks fit, direct that in the event of such
arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may
include such conditions in such directions in the light of the facts of the particular case, as it may
think fit, including(i) a condition that the person shall make himself available for interrogation by a police officer as
and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the
Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail
were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station
on such accusation, and is prepared either at the time of arrest or at any time while in the custody
of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person,
he shall issue a bailable warrant in conformity with the direction of the Court under sub- section
(1).

Tentative Chapterization:
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Introduction
Anticipatory Bail
Some Related Concept
Importance of Anticipatory Bail in Due Justice Model
Anticipatory Bail Position in States
Landmark Judgements
Conclusion
Bibliography