Section 438 of CrPC : Section 438: Direction for grant of bail to person apprehending arrest.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, has been falsely accused by a competitor of embezzling funds from a joint venture. The accusation is serious and non-bailable, and Rajesh fears imminent arrest.

Application: Rajesh applies to the High Court for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. He presents evidence that the accusation is baseless and motivated by business rivalry.

Court's Direction: The High Court, after reviewing the application, directs that in the event of Rajesh's arrest, he shall be released on bail. The Court also imposes conditions:

• Rajesh must make himself available for police interrogation whenever required.
• Rajesh must not threaten or influence any witnesses.
• Rajesh must not leave India without the Court's permission.

Outcome: Rajesh is granted anticipatory bail, ensuring that he will not be detained in custody if arrested, provided he complies with the conditions set by the Court.

Example 2:

Scenario: Priya, a social activist, is accused of inciting violence during a protest. The charges are non-bailable, and she fears arrest.

Application: Priya applies to the Court of Session for anticipatory bail under Section 438. She argues that the charges are politically motivated and that she was not involved in any violence.

Court's Direction: The Court of Session reviews the case and...

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