Blog No. 11: Grounds for enlarging on Anticipatory Bail

In Blog No. 1 & 2, we discussed about types of Bail and grounds to release a person on Regular Bail. In this Blog, we are discussing about Grounds to release a person on Anticipatory Bail.

Hon’ble Supreme Court in 𝙎𝙞𝙙𝙙𝙝𝙖𝙧𝙖𝙢 𝙎𝙖𝙩𝙩𝙡𝙞𝙣𝙜𝙖𝙥𝙥𝙖 𝙈𝙝𝙚𝙩𝙧𝙚 𝙫. 𝙎𝙩𝙖𝙩𝙚 𝙤𝙛 𝙈𝙖𝙝𝙖𝙧𝙖𝙨𝙝𝙩𝙧𝙖 reported as (2011) 1 SCC 694 held that in a case where the Court is of a considered view that the 𝙖𝙘𝙘𝙪𝙨𝙚𝙙 𝙝𝙖𝙨 𝙟𝙤𝙞𝙣𝙚𝙙 𝙩𝙝𝙚 𝙞𝙣𝙫𝙚𝙨𝙩𝙞𝙜𝙖𝙩𝙞𝙤𝙣 and he is 𝙛𝙪𝙡𝙡𝙮 𝙘𝙤𝙤𝙥𝙚𝙧𝙖𝙩𝙞𝙣𝙜 𝙬𝙞𝙩𝙝 𝙩𝙝𝙚 𝙞𝙣𝙫𝙚𝙨𝙩𝙞𝙜𝙖𝙩𝙞𝙣𝙜 𝙖𝙜𝙚𝙣𝙘𝙮 and is 𝙣𝙤𝙩 𝙡𝙞𝙠𝙚𝙡𝙮 𝙩𝙤 𝙖𝙗𝙨𝙘𝙤𝙣𝙙, in that event, custodial interrogation should be avoided, and anticipatory bail should be granted. Following factors and parameters are to be taken into consideration while dealing with the anticipatory bail:

1. The 𝙣𝙖𝙩𝙪𝙧𝙚 𝙖𝙣𝙙 𝙜𝙧𝙖𝙫𝙞𝙩𝙮 𝙤𝙛 𝙩𝙝𝙚 𝙖𝙘𝙘𝙪𝙨𝙖𝙩𝙞𝙤𝙣 and the exact role of the accused:
2. The 𝙖𝙣𝙩𝙚𝙘𝙚𝙙𝙚𝙣𝙩𝙨 𝙤𝙛 𝙩𝙝𝙚 𝙖𝙥𝙥𝙡𝙞𝙘𝙖𝙣𝙩 including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
3. The possibility of the applicant to flee from justice;
4. The possibility of the accused’s 𝙡𝙞𝙠𝙚𝙡𝙞𝙝𝙤𝙤𝙙 𝙩𝙤 𝙧𝙚𝙥𝙚𝙖𝙩 similar or the other offences.
5. Where the accusations have been made only with the 𝙤𝙗𝙟𝙚𝙘𝙩 𝙤𝙛 𝙞𝙣𝙟𝙪𝙧𝙞𝙣𝙜 𝙤𝙧 𝙝𝙪𝙢𝙞𝙡𝙞𝙖𝙩𝙞𝙣𝙜 the applicant by arresting him or her.
6. 𝙞𝙢𝙥𝙖𝙘𝙩 of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
7. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of sections 34 149 of the Penal Code, 1860, the court should consider with even greater care & caution because over implication in the cases is a matter of common knowledge and concern.
8. While considering the prayer for grant of anticipatory bail , a 𝙗𝙖𝙡𝙖𝙣𝙘𝙚 𝙝𝙖𝙨 𝙩𝙤 𝙗𝙚 𝙨𝙩𝙧𝙪𝙘𝙠 𝙗𝙚𝙩𝙬𝙚𝙚𝙣 𝙩𝙬𝙤 𝙛𝙖𝙘𝙩𝙤𝙧𝙨 namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation & unjustified detention of the accused;
9. The court to consider reasonable apprehension of 𝙩𝙖𝙢𝙥𝙚𝙧𝙞𝙣𝙜 𝙤𝙛 𝙩𝙝𝙚 𝙬𝙞𝙩𝙣𝙚𝙨𝙨…..;

Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some 𝙙𝙤𝙪𝙗𝙩 𝙖𝙨 𝙩𝙤 𝙩𝙝𝙚 𝙜𝙚𝙣𝙪𝙞𝙣𝙚𝙣𝙚𝙨𝙨 𝙤𝙛 𝙩𝙝𝙚 𝙥𝙧𝙤𝙨𝙚𝙘𝙪𝙩𝙞𝙤𝙣, in the normal course of events, the accused is entitled to an order of bail.”