Anticipatory Bail

Object of anticipatory Bail

An Article by S.S.Upadhyay, Former District & Session Judge.

An Article by Sri M.SREENU,
Principal Junior Civil Judge, Rayachoti

Anticipatory Bail Can’t Be Denied On Mere Assertion Of State That Custodial Interrogation Of Accused Is Required

“It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature.”

The Supreme Court observed the State cannot oppose the bail plea citing the requirement of custodial interrogation unless the State proves that why the custodial interrogation of the accused is required for investigation.

“One good ground which has persuaded us to exercise our discretion in favour of the appellant is that the appellant has already joined the investigation. He has cooperated in the investigation so far.”

“There is no gainsaying that custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also not be a ground to release an accused on anticipatory bail if the offences are of a serious nature. However, a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufficient. The State would have to show or indicate more than prima facie why the custodial interrogation of the accused is required for the purpose of investigation.”,

No anticipatory Bail in Economic Offence.

The Supreme Court of India observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. “Suppose, you’ve taken away money from thousands of people, swindled.

Anticipatory Bail application can be filed before filling of FIR.

“The filing of a first information report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.”

Rajasekhara Reddy Vs. The State of Andhra Pradesh, (1998), (2) A.P.L.J. 462 (Andhra Pradesh High Court)

“when a person apprehends arrest and approaches a court for anticipatory bail, his apprehension (of arrest), has to be based on
concrete facts (and not vague or general allegations) relatable to a specific offence or particular offences. Applications for
anticipatory bail should contain clear and essential facts relating to the offence, and why the applicant reasonably apprehends his or
her arrest, as well as his version of the facts.

Gurbaksh Singh Sibbia Vs. State of Punjab, (1980) 2 SCC 565,

Anticipatory bail cannot be denied on the ground that charge sheet is filed or the court has taken cognizance

A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that the accused is falsely implicated or is entitled for protection of liberty.

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