Siddharth V/S the State of Uttar Pradesh & ANR

The issuance of anticipatory bail occurs before an individual is arrested. Pre-arrest bail is another name for it. If the person has no link to the case and the court feels they are innocent, anticipatory bail may be granted for a crime that is not subject to bail. Only the facts and seriousness of the offence will determine. As stated in Section 4381: <br><br>(1) Any person may apply to the High Court or the Court of Session for a direction under this section where they have cause to fear they may be arrested on suspicion of committing a non-bailable offence; that Court may, if it sees appropriate, direct that in the event of such arrest, that he can be released on bail. <br><br>(2) In accordance with the facts of the specific case, the High Court or the Court of Session may add any restrictions to the directions it issues under subsection (1), including the following: <br><br>▪ A requirement that the person make oneself accessible to questioning by a police officer whenever necessary; <br>▪ A stipulation that prohibits the individual from, directly or indirectly, offering any enticement, threat, or promise to anyone who is aware of the case's facts in an effort to prevent him from telling the court or any police officers about those facts; <br>▪ A requirement that the person cannot leave India without the Court's prior approval; <br>▪ As if the bail were granted under section 437, any further conditions that may be imposed under subsection (3). <br><br>(3) If that person is subsequently detained without a warrant by a police officer in charge of a station and is willing to post bail either at the time of the detention or at any other time while in the custody of that officer, they will be released on bail; if a Magistrate taking cognizance of the offence determines that a warrant should be issued against that person in the first instance, the officer will issue a bailable warrant in accordance with the Court's instruction.