Bail and Anticipatory Bail

When someone is arrested by the Police, he is entitled to be released on bail on conditions laid down by the Court. However, the Courts in India exercise their discretion in granting bail to the accused persons. In cases when someone is anticipating arrest, he may also approach the court and seek anticipatory bail. Once the court grants anticipatory bail, the person will be released immediately on bail if he is arrested.

While granting bail or anticipatory bail, the Court may include such conditions in the light of the facts of the particular case, as it may think fit, including a condition that the person shall make himself available for interrogation by the police officer as and when required; a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; a condition that the person shall not leave India without the previous permission of the court.

An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

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