Anticipatory Bail Application

Sometimes some influential people register FIR under false allegations against their rivals in order to harass them or humiliate them. Sometimes even wife registers FIR under false allegation against her husband and his family in order to make her case strong or harass her husband and his family. In these types cases anticipatory bail plays an important role for the accused.

Anticipatory bail is basically a temporary bail i.e., which is valid for a limited period of time and it also comes with certain conditions. Also, it is only effective at the time of arrest.

If the person has a reason to believe that someone is going to implicate him in a false case then that person can move to court of sessions or high court under section 438 of CrPC.

In a landmark case Rahna Jalal v State of Kerala, the Apex Court took up the case and answered the issue that an anticipatory bail can be granted only when the Court issuing bail has heard the complainant itself.

In another case, State of Maharashtra v Vishwas 1978 The Court in its judgement mentioned that a Court can recall or cancel bail as and when it deems necessary. Anticipatory bail is a special privilege for a man and it should not be misused at any chance. The power of cancellation of bail lies with the Court even though there is no express provision as such.