Bail before arrest

Bail before arresst

Bail before arrest is a right of the person who is apprehended of being involved in the commission of crime. Bail granting to an accused before his arrest when he physically surrenders himself before the court. Bail before arrest can only be granted by the high court or the court of sessions.

Bail granted

Bail before arrest and sec 498

Relief mentioned u/s 498 shall be the termed as bail before arrest.

Following conditions must be fulfilled. That a person who is under an apprehension of being arrested imminently can be granted a pre-arrest bail. Where there is apprehension of a person involved in a FIR of being humiliated shall be granted pre-arrest bail. For granting bail before arrest there otherwise a fit case in favour of the accused. The accused should educate the legal education so that the crime rate may be reduced. every person should be trained in the society. It is the big crime of bail in the society. The government should passed the education bill in the parliament.

bail granted

Grant of bail

 For granting bail the court shall ensure the physically surrender of the person who claims for pre-arrest bail. A person who has filed a petition for pre-arrest bail, his petition must be before the session court. For pre-arrest bail FIR must be registered through which the court may study the status of accused. In bailable offences bail should be granted as a general rule. Where offences are punishable with death, life imprisonment or imprisonment for ten years bail should not be granted. Bail may be granted at the discretion of the court.

a- Where likely hood of abscondence of accused

b- Where apprehension that accused will temper the evidence

c- Where accused is a previous convict. In following cases bail shall be declined. Pre-arrest bail is a conditional relief which may be withdrawn on breach of those conditions. To grant pre-arrest bail is up to the discretion of the court whether to grant or to decline.