ANTICIPATORY BAIL

Subject: Polity

Context: SC stays Allahabad HC order granting anticipatory bail over fear of death due to Covid.

Concept:

Anticipatory Bail

Section 438 (anticipatory bail) of the Code of Criminal Procedure deals with direction for grant of bail to a person apprehending arrest.
It states that when any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
The high frequency of arbitrary and heavy-handed arrests to harass and humiliate citizens, and often at the interest of powerful individuals led to the enactment of Section 438.
The provision empowers only the Sessions Court and High Court to grant anticipatory bail.

Significance:

The reason for enactment of Section 438 in the Code was parliamentary acceptance of the crucial underpinning of personal liberty in a free and democratic country.
Parliament wished to foster respect for personal liberty and accord primacy to a fundamental tenet of criminal jurisprudence, that everyone is presumed to be innocent till he or she is found guilty.
Life and liberty are the cherished attributes of every individual. The urge for freedom is natural to each human being.