It is an format as per the provisions of IPC Act Anticipatory Bail application

1. ANTICIPATORY
BAIL
ADV. SUMEDHA KOKATE
CRIMINAL DEFENSE LAWYER
BOMBAY HIGH COURT

2. MEANING OF BAIL
▪ Bail and not Jail is a Principal in Law
▪ But it is not a Cardinal Rule
▪ Release of an accused from Police or Judicial Custody
▪ Set of pre-trial restrictions are imposed
▪ Ensures that accused will not hamper the judicial process

3. CHAPTER XXXIII CRPC
▪ Provisions as to Bail and Bonds
▪ Sections 436 to 450
▪ Section 436 – bailable offence
▪ Section 437 – Non-bailable offence
▪ Section 438 – HC / Sessions Court power to grant ABA
▪ Section 439 – Interim Bail

4. KINDS OF BAIL
▪ Regular Bail
▪ Anticipatory Bail
▪ Interim Bail
▪ Default Bail
▪ Medical Bail

5. BROAD 3 CATEGORIES OF BAIL
▪ Bail in Bailable offences
▪ Bail in Non - Bailable offences
▪ Anticipatory Bail

6. ANTICIPATORY BAIL

7. MEANING OF AB
▪ Pre – arrest bail (in anticipation)
▪ Apprehension of arrest
▪ Reasonable grounds to believe
▪ Whether there is a genuine case against the accused
▪ Prosecution will be able to produce prima facie evidence in support of the charge

8. APPROPRIATE COURT
▪ Either before the Hon’ble Sessions Court (at district level)
▪ Or before the Hon’ble High Court (at state level)
▪ Many advise to approach the Hon’ble Sessions Court first so that they get two
opportunities

9. REJECTION OF AB
▪ Nature and Gravity of accusations / offences
▪ Possibility of accused fleeing from justice
▪ Apprehension of tampering of evidence
▪ Influencing / Manipulating of witnesses

10. GUIDELINES FOR AB
▪ General guidelines for granting an AB were laid down by the Supreme Court
in the case of –
Gurbaksh Singh Sibbia & Ors. v. State of Punjab
(1980) AIR 1632
▪ Reaffirmed in –
Siddharam Satlingappa Mhetre v. State of Maharashtra
(2011) (1) SCC 694

11. PROCEDURE FOR AB
When the applicant files an application for anticipatory bail, the Court can –
▪ Straight away reject the application
OR
▪ Grant interim order for anticipatory bail and issue notice to Public
Prosecutor
OR
▪ Issue Notice to Public Prosecutor without granting Interim Relief

12. SUSHILA AGGARWAL & ORS.V.
STATE (NCT) OF DELHI & ANR.
1. SCC Online SC 98
2. Anticipatory Bail once granted, continues till the end of the trial
3. Special or other Restrictive conditions may be imposed on a case to case basis
and depending upon the materials placed on record
4. Such conditions must be imposed only if facts of the case so warrants, but should
not be imposed in a routine manner in all cases

13. CONDITIONS FOR AB
▪ Discretionary and guided by facts of the case
▪ One or all following conditions may be imposed –
1. That the person shall make himself available for interrogation by a police officer
as and when required
2. 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

14. CONDITIONS FOR AB
3. That the person shall not leave India without the previous permission of the Court
4. That such person shall attend in accordance with the conditions of the bond executed
5. That the person shall not commit an offence similar to offence of which he is accused,
or suspected of the commission of which he is suspected and
6. That such 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 or tamper with the
evidence.

15. APPEAL
1. If the AB gets rejected by the Hon’ble Sessions Court, the Applicant can move
the Hon’ble High Court as a matter of right
2. If the AB gets rejected by the Hon’ble High Court, the Applicant can move the
Hon’ble Supreme Court by SLP under Article 136 of the Constitution of India.
However such a petition is heard on merits only if leave is granted by the
Supreme Court

16. CANCELLATION
1. The police or investigating agency can move the Court that granted AB for a
direction u/s 439 (2) to arrest the accused
2. In event of violation of any term with a view to influence outcome of the
investigation or trial, etc. such as –
1. Absconding
2. Non-cooperation during investigation
3. Evasion
4. Intimidation / Inducement to witnesses

17. IMPLICATIONS OF AB
▪ Nature of accusations
▪ Nature of Evidence in support
▪ Severity of Punishment
▪ Character, Behaviour, Means & Standing of Accused
▪ Circumstances peculiar to accused

18. IMPLICATIONS OF AB
▪ Reasonable possibility of securing presence of accused at trial
▪ Reasonable apprehension of witnesses being tampered with
▪ Larger interests of public / State
▪ Similar other conditions

19. LANDMARK JUDGEMENTS
▪ Gurbaksh Singh Sibbia v. State of Punjab, 1980
▪ Vipan Kumar Dhir v. State of Punjab, 2021
▪ Dilpreet Singh v. State of Punjab, 2022
▪ Nandini Suchde v. State of West Bengal, 2022
▪ MD Ashfak Alam v. State of Jharkhand, 2023

20. PRIYA INDORIA v.
STATE OF KARNATAKA
▪ Crim Appeal – SLP 11423 / 2023
▪ Revolves around a critical legal dispute concerning concept of the interpretation
and application of Section 438 CrPC
▪ Examines situation where the AB is sought in a jurisdiction other than the place
where FIR has been lodged
▪ Sheds light on interpretation and application of relevant legal provisions and
principles, influencing future legal proceedings concerning Constitutional
importance of protecting individual rights in the Indian Legal Framework

21. DRAFTING ABA
▪ Grounds of Bail
▪ Careful, precise and neat grounds
▪ Standard grounds are not useful – sick, old, dependant family, etc.
▪ Read grounds given in – FIR, remand report, chargesheet
1. Accused applicant is not prima facie connected with the said offence
2. No sufficient evidence to show involvement
3. 2 important conditions and 4 provisos u/s 437 (1) of CrPC must be intelligently
interpreted in the grounds of bail

22. MOST COMMON GROUNDS
FOR ABA
▪ Accused belongs to a respected family
▪ He is educated and a law abiding citizen of the country
▪ He will not abscond
▪ He will co-operate with the police investigation
▪ He will not tamper with the evidence
▪ He will not manipulate / threaten the witness

23. THANK YOU