Grounds for granting Anticipatory Bail and its Rejection

Anticipatory bail is a procedure wherein the court grants anticipatory bail, allowing the accused to be released on bail, before the completion of proceedings against him in case he is charged with an offense punishable with imprisonment for more than two years.

The State government can also direct an interim order of anticipatory bail in such cases where it is satisfied that there are reasonable grounds for believing that if an accused person were released on bail without being personally produced before the court within such period as may be specified by the state government and if he did not surrender himself to those authorities within such period or failed to give any satisfactory explanation regarding his failure so not do so then he may be arrested without a warrant issued under section 164 Cr PC (bail) Act 1970 immediately after his appearance before the court from time to time during which period also no further application shall lie against him under section 34(2)(f) Cr PC

Grounds for granting Anticipatory Bail

The grounds for granting bill are:

• The applicant must show that there is a strong possibility of him/her being arrested.
• The applicant must show that he/she has a cause to believe that there is a strong possibility of his/her arrest. The applicant must show that he/she has a cause to believe that there is a strong possibility of his/her arrest. The applicant must show that there is a strong possibility of him/her being arrested.

The applicant must show that there is a strong possibility of him/her being arrested shortly. The applicant must also show that he/she has a cause to believe that there is a strong possibility of his/her arrest shortly.

The applicant must show that the arrest is likely to result in his/her imprisonment for a period that will exceed four months. The applicant must show that there are reasonable grounds for believing that he/she has been falsely implicated in the case or there exists a strong possibility of his/her being falsely implicated in the case.

Grounds for Rejecting Anticipatory Bail

• The court can reject bill if it is not satisfied that the accused is likely to appear before the court.
• The court can reject bill if the accused has a case of grave nature pending against him/her.

The court cannot reject anticipatory bail if there is no prima facie case against the accused. The court cannot reject bill if the applicant has been convicted of a bailable offense and is not charged with an offense that can attract more than three years imprisonment.

The court can deny anticipatory bail when the following criteria exist.

The court can deny anticipatory bail when the following criteria exist:

• There is a reasonable apprehension of the accused fleeing.
• The offense is non-bailable and punishable with life imprisonment.

The offense is bailable but the courts are closed. The offense is bailable and the court is not closed, however, it may be difficult to secure bail. The offense is non-bailable, the court is closed, and it will be difficult to secure bail. The offense is bailable but there are reasonable grounds for believing that the applicant has committed an offense punishable with imprisonment for a term that may extend to seven years or more.

Conclusion

Anticipatory bail is a very important matter in criminal law, and it has been used by courts to prevent crime from happening. The application of this law is very clear and the grounds for granting bill are also clear. However, the court can reject bill if other circumstances can lead to danger or harm to a person who is arrested under this law.

Section: Grounds for Granting Anticipatory Bail