According to its common usage, the term “bail” implies that there is some form of confinement or custody within the prison. It would be absurd to talk about granting bail to someone who is already free. However, under the newly enacted CrPC, 1973, a provision is created for a “anticipatory bail” under specific conditions when somebody has cause to suspect that he may be apprehended on suspicion of having committed a crime for which there is no provision for bail.
Because the person seeking bail is already free from restraint at the relevant moment and is not in police custody nor a jail, the meaning of the word “bail” in light of this clause would logically be the release of a person from the fear of being arrested in the near future. The only psychological constraint placed on the freedom of such a person is the restraint imposed on his mind by fear or apprehension of being arrested in connection with any non-bailable offence that such a person may be accused of committing. This recently added clause in the CrPC merely serves as another evidence of how deeply valued human liberty is by our Constitution and Parliament. If you want to be a judicial officer and are looking for RJS coaching, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
