The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS) marks a significant evolution in India’s criminal procedural framework. The power of the Sessions Court and High Court to grant anticipatory bail to persons apprehending arrest remains a vital constitutional shield against malicious prosecution.
1. Grounds for Granting Anticipatory Bail
Judicial precedent establishes that courts evaluate factors including the gravity of accusations, the role attributed to the applicant, prior criminal antecedents, and the risk of fleeing from justice.
2. Conditions Imposed by the Court
Courts typically mandate that the applicant must join the investigation when summoned, shall not tamper with evidence or influence witnesses, and shall not travel abroad without court permission.
3. Timeline & Interim Protection
In urgent situations, Advocates can seek ad-interim transit bail or protection against coercive action during the very first hearing before the Hon’ble High Court.