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 directs that Priya should be released on bail if arrested. The Court imposes conditions:

• Priya must cooperate with the police investigation.
• Priya must not contact or intimidate any witnesses.
• Priya must not leave the country without prior permission from the Court.

Outcome: Priya is granted anticipatory bail, protecting her from being detained in custody while ensuring she complies with the investigation process.

Example 3:

Scenario: In West Bengal, Amit, a software engineer, is accused of hacking into a company's database. The offence is non-bailable and carries a potential sentence of more than seven years.

Application: Amit applies for anticipatory bail under Section 438. Given the severity of the offence, the Court issues a notice to the State, giving it seven days to present its case.

Court's Direction: After hearing both sides, the Court directs that Amit should be released on bail if arrested, with conditions:

• Amit must report to the police station every week.
• Amit must not tamper with any evidence or contact any company employees.
• Amit must surrender his passport to the Court.

Outcome: Amit is granted anticipatory bail, ensuring he is not detained while the investigation continues, provided he adheres to the conditions set by the Court.

Example 4:

Scenario: In Orissa, Sunita, a school teacher, is accused of abetting a student's suicide. The offence is non-bailable and punishable with imprisonment for life.

Application: Sunita applies for anticipatory bail under Section 438. The Court issues a notice to the State, allowing it to present its case.

Court's Direction: After considering the arguments, the Court directs that Sunita should be released on bail if arrested, with conditions:

• Sunita must not interfere with the investigation.
• Sunita must not contact the victim's family.
• Sunita must remain within the jurisdiction of the Court.

Outcome: Sunita is granted anticipatory bail, ensuring she is not detained while the case is investigated, provided she complies with the conditions imposed by the Court.