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A Bail could be understood as a legal guarantee by a person, accused of having committed an offence punishable by imprisonment, to participate in the investigation and face the trial before the court by being present before the police or the court whenever called.<br><br>
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Anticipatory Bail Lawyers In Delhi Anticipatory Bail allows an accused to seek relief before arrest in anticipation of being accused of a non-bailable offense. Under Section 438 of the CrPC, one can apply to the Session’s Court or High Court to secure bail upon arrest.
Where can one apply for Anticipatory Bail ? High Courts and Court of Sessions can grant anticipatory bail upon arrest. Applicants typically start with the Court of Sessions, unless circumstances allow direct application to the High Court. Courts can also grant temporary bail to facilitate jurisdictional transfers.
Conditions to Grant Anticipatory Bail • When granting anticipatory bail, the Sessions Court or High Court can impose conditions under Section 438(2): • The accused must cooperate with police for investigation when summoned. • They cannot intimidate witnesses or obstruct evidence. • Travel abroad requires court permission. • Additional conditions under Section 437(3) may also apply.