Anticipatory Bail is pre arrest bail. When a person apprehend this arrest for a crime which has not been done by him so the files the application for the anticipatory bail in the High Court or Court of Session. The main reason for adding this provision under section 438 is to stop harassing unnecessarily by putting false allegation against a person. When an apprehension arises in mind of person so he will put application for the same and after hearing the plea of applicant, if the magistrate thinks fit in interest of justice he will grant the anticipatory Bail to the applicant. The anticipatory bail can be withdrawn after being granted also. The Anticipatory Bail is granted to NRI after taking considering variou8s factors such as:
1 Nature or kind of offence and what is level of gravity of the offence.
2 Any cognizable offence that has been done preciously and the applicant was convicted.
3 That there is possibility that the applicant may file form justice.
4 That the applicant may not present or produces himself before the court for the interrogation.
5 On Accusation the Court finds that the person is charged only to harass him unnecessarily and intention to defame him.
The court shall serve a notice to the public prosecutor and the superintendent of police for the hearing of view of public prosecutor on the application and the same shall not less than seven years.
That the court shall insure the prime of the applicant while final hearing of the application of anticipatory bail in the interest of justice.
That the person shall not do any act which threatens the complainant or fabricate the evidence by coercive means.
That he shall not leave the India without the permission of court.
Blanket anticipatory Bail for Non Resident Indians (NRI)
This Bail has wider scope. It class not define any particular offence for which the Bail to application is put in motion. This provides a very broad scope for the applicant to get bail on the false allegations imposed by the person logging FIR. No persecution offence is mentioned in the bail application moved before Sessions Court for anticipatory Bail. Court may also direct that in case the FIR is lodged by police, then the police shall inform the applicant a few days before registration of FIR that FIR is going to be registered against for that particular offence for which he will be arrested if he does not get anticipatory bail orders under Section 438.
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