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Anticipatory Bail - The Process




Pooja.S, BA.LLB (Hons), ICFAI Law School, Hyderabad


ABSTRACT


“The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process”. – Justice V.R. Krishna Iyer.


This article gives a brief outline about anticipatory bail, the objective behind it and the procedure which envelops this important concept of criminal law. It is a type of bail which offers legal privilege to the accused and contributes to their protection of right by safeguarding them from false arrests and accusations. It also secures the attendance of the accused at the trial and ensure no flee from justice by imposing conditions. Various factors are being considered by court before granting of anticipatory bail. It is given in exceptional circumstances.


Here, The Code of Criminal Procedure 1973 is used in order to elaborate the topic of anticipatory bail along with its salient features, process and important case laws which brings the current highlights of criminal procedure being followed.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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