Application for anticipatory bail under section-438 CrPC, 1973


This Document is regarding the Application of anticipatory bail under Section-438 CrPC, 1973.

Anticipatory bail literally means, "a bail in anticipation of arrest". A person who apprehends arrest can approach the competent court and further request the grant of the same. This bail works on the legal principle, "innocent until proven guilty" and while granting this, the court will consider the following:

1. The gravity of the alleged offence.

2. Education and family background.

3. The possibility of accused to commit the crime again.

4. The possibility of the accused fleeing from justice

5. Factual circumstances of the case.

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