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Anticipatory Bail
Pre-arrest bail applications under BNS. Protection from arrest in non-bailable offenses
What is Anticipatory Bail?
📌 Overview
Anticipatory bail under Section 482 of BNSS (formerly Section 438 CrPC) is pre-arrest bail granted when a person apprehends arrest for a non-bailable offense.
✅ Key Aspects
Protection from arrest, Conditions for bail (cooperation with investigation, passport surrender, regular attendance), Filing before Sessions Court or High Court.
⚖️ Legal Framework
Governed by Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Courts grant anticipatory bail considering nature of offense, evidence, flight risk, and criminal antecedents.
Important FAQs
❓ Who can apply for anticipatory bail?
Any person who apprehends arrest for a non-bailable offense. HLAPL assists in filing anticipatory bail applications.
❓ What factors do courts consider for anticipatory bail?
Nature of offense, evidence, criminal antecedents, flight risk, and likelihood of tampering with evidence. HLAPL presents strong bail arguments.
❓ How long does anticipatory bail remain valid?
Until charge sheet filing or further court orders. HLAPL ensures bail conditions compliance.