(SyllabANTICIPATORY BAIL us: GS Paper 2 – Polity)

Context: Delhi Police booked IAS probationer Puja Khedkar for allegedly faking her identity to fraudulently exceed the permissible limit in the civil services exam. She has since applied for anticipatory bail in a Delhi Court.

Anticipatory Bail 

• Definition: Under Section 438 of the Criminal Procedure Code, anticipatory bail allows an individual to seek bail in anticipation of being accused of a non-bailable offense.
• Purpose: It serves as a safeguard for those facing false accusations due to personal or professional conflicts, ensuring their release before arrest.
• Application Process: To obtain anticipatory bail, one must approach the Court of Sessions or the High Court, citing Section 438 of the Criminal Procedure Code and presenting a valid reason for the request.
• Court's Discretion: The court grants anticipatory bail based on various conditions and the specifics of the case, ensuring that if arrested, the individual will be released promptly.
• Conditions for Granting Anticipatory Bail:

o The individual must be available for police questioning as required.

o The person must not threaten, bribe, or influence anyone involved in the case.

o The individual must not leave India without the court's prior permission.

Other Types of Bail

• Interim Bail: “Interim” bail entailing temporary release can be granted under compelling circumstances and grounds, even when regular bail would not be justified. Intolerable grief and suffering in the given facts, may justify temporary release, even when regular bail is not warranted.
• Statutory/Default Bail: Also known as compulsive bail, is provided under Section 167(2) of the Criminal Procedure Code to accused against detention during inordinate delay in completion of investigation.