Category / Criminal Law

Anticipatory Bail: Key Judgments You Should Know

Courts must balance individual liberty with societal interest. Anticipatory bail remains a vital safeguard in criminal jurisprudence.

Anticipatory Bail: Key Judgments You Should Know
Written By

Rajiv Sen

Published On

16th May 2025

Categories
Share Article:

About Rajiv Sen:

Criminal Defense Attorney, Legal Commentator

LinkedIn

Articles By Rajiv Sen:

Submit Your Article

Do you have valuable insights, experiences, or opinions to share? We welcome guest contributions from writers, professionals, and enthusiasts. Submit your article for a chance to be featured on our platform and reach a wider audience. Whether it's news, analysis, tips, or thought leadership - we’d love to hear from you!

Submit Now

Introduction:
Anticipatory bail is a preventive remedy enshrined under Section 438 of the CrPC. It protects an individual from arrest in cases where false or motivated accusations are anticipated.

1. Key Conditions for Grant

  • No custodial interrogation required.
  • Nature and gravity of the accusation.

2. Landmark Cases

  • Gurbaksh Singh Sibbia v. State of Punjab: Laid down broad principles.
  • Arnesh Kumar v. State of Bihar: Curb misuse in matrimonial cases.

Conclusion:
Courts must balance individual liberty with societal interest. Anticipatory bail remains a vital safeguard in criminal jurisprudence.

Also Read