Anticipatory Bail Legal Insights

Summary

Anticipatory bail in India is governed by Section 438 of the Criminal Procedure Code, allowing individuals to seek bail when anticipating arrest for non-bailable offenses. Key considerations include the nature of the accusation, the applicants criminal record, and the risk of fleeing. Notable judgments like Sushila Aggarwal v. State (NCT of Delhi) (2020) affirm that anticipatory bail should not be time-bound, while Gurbaksh Singh Sibbia v. State of Punjab (1980) established foundational principles for granting such bail.

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"P. Chidambaram v. Directorate of Enforcement." High court new delhi india
Here are some key points about anticipatory bail in India:
- Section * of the Criminal Procedure Code (CrPC): Provides for anticipatory bail when a person anticipates arrest on an accusation of having committed a non-bailable offense.
- Grounds for Anticipatory Bail:
- Nature and gravity of the accusation.
- Past criminal record of the applicant.
- Possibility of the applicant fleeing from justice.
- Whether the accusation has been made to injure or humiliate the applicant.
Would you like to know about any recent judgments or precedents related to anticipatory bail in India?
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Here are some recent judgments and precedents related to anticipatory bail in India:
- Sushila Aggarwal v. State (NCT of Delhi) (*): Supreme Court ruled that anticipatory bail should not be limited by time.
- Gurbaksh Singh Sibbia v. State of Punjab (*): Established the principles for granting anticipatory bail.
Would you like more details on any specific case?