Author(s): Harjap Chand and Amandeep Kaur

Abstract: An ‘Anticipatory Bail’ is a criminal procedural method where by which a person if having are as on able apprehension of fear that someone can make malicious complain against such person and that person could be arrested, so order of anticipatory bail gets granted by Hon’ble Court to prevent such arrest further. This kind of bail is also referred as the ‘Pre-Arrest-Bail’.The paramount objective of Anticipatory Bail is to protect someone’s interest or rather to protect their ‘Natural Justice Right’ as conferred to the m by the Indian Constitution under Article 21 i.e., Right of Personal Liberty.The person can move or invoke the jurisdiction of Hon’ble High Court or Sessions Court forgetting grant of Anticipatory Bail and on the other side it shall be the discretion of the Hon’bleCourts whether to grant bail or not. The object of Section 438 under Code of Criminal Procedure Code, 1973 is to prevent false lodging of complains by other person in order to prevent them from malafide arrests, so basically under such factor person is having a due apprehension of fear that might they would get arrested and that too on false grounds.

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