Cases where anticipatory bail was granted
Anticipatory bail is a legal provision that allows an individual to seek bail in anticipation of arrest. It is granted to prevent the arrest of a person who fears that he may be arrested on false or frivolous charges. In this article, we will explore some cases where anticipatory bail was granted.
Introduction
Anticipatory bail is a legal remedy that is available to a person who apprehends arrest. The provision was introduced to protect the rights of individuals who may be subjected to false or frivolous charges. It is an important provision that helps to safeguard the liberty of citizens.
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Grounds for granting anticipatory bail
Anticipatory bail can be granted on the following grounds:
1. Fear of arrest
If a person has a genuine fear of arrest, he can apply for anticipatory bail. The fear must be based on reasonable grounds and not on mere apprehension.
2. Mala fide intention
If the police have a mala fide intention to arrest a person, he can seek anticipatory bail. Mala fide intention means bad faith or ill will.
3. Protection of reputation
If the arrest of a person will cause irreparable damage to his reputation, he can apply for anticipatory bail.
4. No intention to abscond
If a person has no intention to abscond and is willing to cooperate with the investigation, he can seek anticipatory bail.
Cases where anticipatory bail was granted
The following are some cases where anticipatory bail was granted:
1. Arnab Goswami case
Arnab Goswami, the editor-in-chief of Republic TV, was granted anticipatory bail by the Supreme Court in 2020. He was arrested by the Mumbai police in connection with a case of abetment to suicide. The Supreme Court granted him anticipatory bail, stating that the case was a clear abuse of power by the police.
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2. Rhea Chakraborty case
Rhea Chakraborty, the girlfriend of late actor Sushant Singh Rajput, was granted anticipatory bail by the Bombay High Court in 2020. She was arrested by the Narcotics Control Bureau in connection with a drug case. The Bombay High Court granted her anticipatory bail, stating that she was not a part of a drug syndicate.
3. P. Chidambaram case
P. Chidambaram, the former finance minister of India, was granted anticipatory bail by the Delhi High Court in 2019. He was arrested by the Central Bureau of Investigation in connection with a corruption case. The Delhi High Court granted him anticipatory bail, stating that there was no evidence to suggest that he was a flight risk.
4. Teesta Setalvad case
Teesta Setalvad, a social activist, was granted anticipatory bail by the Bombay High Court in 2016. She was accused of embezzling funds meant for the victims of the Gujarat riots. The Bombay High Court granted her anticipatory bail, stating that there was no evidence to suggest that she was a flight risk.
Conclusion
Anticipatory bail is an important legal provision that helps to protect the rights of citizens. It is granted to prevent the arrest of a person who fears that he may be arrested on false or frivolous charges. The cases discussed in this article highlight the importance of this provision in safeguarding the liberty of citizens.
FAQs
- What is anticipatory bail? Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of arrest.
- On what grounds can anticipatory bail be granted? Anticipatory bail can be granted on the following grounds: fear of arrest, mala fide intention, protection of reputation, and no intention to abscond.
- Can anticipatory bail be granted in all cases? No, anticipatory bail can only be granted in cases where there is a genuine fear of arrest based on reasonable grounds.
- What is the difference between anticipatory bail and regular bail? Regular bail is granted after a person is arrested and produces sureties. Anticipatory bail is granted before a person is arrested, to prevent his arrest.
- How long does anticipatory bail last? Anticipatory bail is usually granted for a specific period of time, after which the person may need to apply for regular bail.
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