Ten most important factors considered by the Court before the Grant of Anticipatory Bail in India
Anticipatory Bail cannot be claimed by way of a right, however, the grant of Anticipatory Bail is an exclusive power which is vested before the Session’s Court or to the High Court. The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”.
The following are the ten most important factors which are duly considered by the Court before the grant of Anticipatory Bail i.e.
- The nature and gravity of the offence committed by the Applicant who seeks Anticipatory Bail.
- The previous record of the Applicant who seeks Anticipatory Bail i.e. whether or not he/she is a law abiding citizen, previous involvement in different crimes, previous detainment and convict by any Cout etc.
- The name of the Applicant is mentioned in the First Information Report (FIR) or not.
- There is any direct and/or indirect relationship between the Applicant and the Complainant either in the past or present.
- The Interim Police Report which is filed by the Police which shall show further light into the offence committed and the assessment of the evidences and/or witnesses, if any.
- The statement made by the Investigating Officer (IO) of the case which shall include the reasons for contesting the Anticipatory Bail application and its rejection.
- The statement of the Public Prosecutor or the Government Lawyer.
- The degree to which the Applicant who seeks Anticipatory Bail can influence the witnesses and /or alter and damage the evidences.
- The possibility of the Applicant who seeks Anticipatory Bail of escaping justice and evading Police investigation and criminal trial.
- The entire serious of facts and circumstances in which the Applicant who seeks Anticipatory Bail was in at the approximate time of commission of the offence.
All the above mentioned factors are to be assessed before even the application for the grant of Anticipatory Bail is/are filed and once all the factors are well considered and squarely checked with substantive evidences and proofs thereof, then only the application shall be filed before the Court.
Authored By: Adv. Anant Sharma