When a person anticipates arrest (fears being arrested) in a criminal situation for which bail is not an option, he or she can demonstrate this in court by claiming innocence, and the court may secure his or her freedom through bail. Bail is given in this situation merely in case the person is wanted for arrest. ‘Direction for issue of bail to people apprehending arrest’ is a provision of Section 438 of the Code of Criminal Procedure, 1973 (CrPC). To award anticipatory bail, only the sessions court and high court have the authority. It should be highlighted that the clause guarantees freedom for the innocent rather than someone who has sufficient evidence against them. As can be understood through anticipatory bail advocates, it is a conditional bail whereby the applicant has to make himself available during interrogation and not induce anything related with the ongoing matter.
Purpose: The purpose of the accused person’s arrest and subsequent imprisonment is primarily to assure his presence at the trial and that, should he be found guilty, he will be present to accept the penalty. It would be unreasonable and unfair to deny the accused his freedom while the criminal case against him is pending if his participation at the trial could be properly secured in another way than by his arrest and incarceration. The rules governing an accused person’s release on bail are designed to ensure that the accused attends his trial without impairing his freedom in an unreasonable or unjustifiable way.
The phrases “bailable offense” and “non-bailable offense” are defined in Section 2a of the Code, however the term “bail” is not defined there. The sum of money known as bail is required from defendants in order to be freed from custody prior to their trial. A bond is not a fine. It shouldn’t be applied as punishment. Bail is only intended to guarantee that defendants will show up for their trial and any required pretrial hearings. We post a certain sum of cash as bail to get released from police custody. We agree to appear in court for all of our planned criminal proceedings as a condition of our release.