Anticipatory Bail: Key Judgments You Should Know
Courts must balance individual liberty with societal interest. Anticipatory bail remains a vital safeguard in criminal jurisprudence.

Rajiv Sen
16th May 2025
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Submit NowIntroduction:
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.
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