Anticipatory Bail:

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.


WHEN CAN A PERSON APPLY

When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him,

He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.


CONDITIONS THAT MAY BE IMPOSED BY THE COURT

The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

(a) a condition that the person shall make himself available for interrogation by the police officer as and when required;

(b) 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;

(c) a condition that the person shall not leave India without the previous permission of the court.


ARREST

If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.


ANTCIPATORY BAIL NOT A BLANKET ORDER

The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.


CANCELLATION

An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.


ANTICIPATORY BAIL NOT AVAILABLE
IN UTTAR PRADESH

Arrest:

A person may be arrested for committing an alleged offence. The right to liberty as envisaged by the constitution is safeguarded by various procedures to be followed by the Police.


ARREST WITHOUT WARRANT

Any police officer may without an order from a magistrate and without a warrant, arrest any person

  1. Who has been concerned in any cognizable offence like murder, causing hurt, kidnapping etc, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

  2. Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking, or

  3. Who has been proclaimed as an offender either under this Code or by order of the State Government; or

  4. Who is in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

  5. Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

  6. Who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

  7. Who has been concerned in, or against whom reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which if committed in India, would have been punishable as an offence, an for which he is, under any law relating to extradition, or otherwise liable to be apprehended or detained in custody in India; or

  8. Who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 365; or

  9. For whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

RIGHTS OF A PERSON ARRESTED


PERSON ARRESTED TO BE INFORMED OF GROUNDS OF ARREST

Every police officer arresting without warrant shall communicate to the person being arrested, full particulars of the offence for which he is arrested or other grounds of arrest.

 

PERSON ARRESTED TO BE INFORMED OF RIGHT TO BAIL

Where a police officer arrests without warrant a person accused of a bailable offence, he shall inform the person arrested that he entitled to be released on bail and that he may arrange for surety on his behalf.

WHEN SEARCHED RECEIPT OF THE ARTICLES TAKEN TO BE GIVEN

Whenever a person is arrested but the person arrested cannot furnish bail, the officer making the arrest may search such person, and place in safe custody all articles, other than necessary wearing apparel found upon him and where any article is seized from the arrested person, a receipt showing the article taken in possession shall be given to such person.


 

PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE OR OFFICER IN CHARGE OF POLICE STATION

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions for bail, take or send the person arrested before Magistrate having jurisdiction of the case, or before the officer in charge of a police station

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