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anticipatory bail
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code. 〔AIR 1980 SC 1632〕This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.〔
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
==Eligibility==
When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.Anticipatory Bail can be granted by Sessions Court, High Court and Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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