Normal bail Vs. Anticipatory Bail

In India, there are two types of bail that permit people to guarantee their release from custody when they await a criminal case’s appeal or trial: anticipatory bail and normal bail.

Normal Bail and Anticipatory Bail

A person who has been charged with a crime may be freed from jail or custody by police while awaiting trial under a legal arrangement known as normal bail. It is a short-term release given to the defendant in exchange for payment or another type of security that serves as a promise that they will appear in court as scheduled.

On the other side, anticipatory bail is a legal provision that enables someone to apply for bail before being detained. It is a pre-arrest legal remedy that enables a person to ask a court for bail if they have cause to suspect they will soon be arrested for an infraction for which there is no provision for bail. Anticipatory bail is meant to safeguard someone who is afraid of being arrested and wants to avoid being detained, harassed, or arrested by the police.

Qualifications for Obtaining Normal Bail and Anticipatory Bail

• Whether normal bail or anticipatory bail is going to be granted depends in large part on how serious the offense is. In general, anticipatory bail is a greater probability to be granted for crimes that cannot be released on bond whereas bail is more probable to be granted for smaller-scale acts such as minor misdemeanours.
• The court will take into account whether the defendant, if released on normal bail or anticipatory bail, is likely to leave the country or fail to appear in court. The accused person’s ties to society as a whole, work situation, and criminal past may all be taken into consideration.
• The court will take into account whether the defendant if released on normal bail or anticipatory bail, would put the public at risk or not. The seriousness of the crime, the accused’s criminal record, and their mental condition may all be taken into consideration.
• The court may take the calibre of the evidence against the defendant into account, as well as the possibility that they would be found guilty at trial. The court may be more inclined to give normal bail or anticipatory bail if there is scant evidence or serious questions about the accuser’s guilt.
• When deciding whether to grant normal bail or anticipatory bail, the court may take into account the accused’s willingness to cooperate with the investigation.

Difference between Normal Bail and Anticipatory Bail

The difference between normal bail and anticipatory bail are as follows-

• Normal bail enables an individual to set bail after being detained and brought before a court whereas Anticipatory bail type enables an individual to set bail in advance in the scenario of arrest.
• Normal bail is used to secure an accused person’s release after they have been taken into custody and brought before a judge whereas Anticipatory bail is meant to stop arbitrary arrests and give the person time to get ready in case they happen.
• A person who has been detained for an offense that qualifies for bail may be given normal bail whereas a person who reasonably believes they will be arrested for a crime for which there is no possibility of a bail bond may be given anticipatory bail.
• Normal bail may be requested following an arrest, typically by submitting an application for bail in the court wherein the accused is brought to appear. It is filed under Sections 437 and 439 of the Criminal Procedure Code whereas before the arrest occurs, anticipatory bail can be requested by submitting a petition to a higher court. It is filed under Section 438 of the Criminal Procedure Code.
• The court where the offender is produced has the authority to set normal bail whereas a higher court, such as the High Court or the Apex Court, has the authority to decide whether to grant anticipatory bail.

When an FIR lacks legal support, is frivolous, or was filed with malicious intent, the court helps in quashing of FIR through normal bail, protecting the accused’s right to freedom. Similarly, when the court determines that the accusations are untrue, baseless, or politically motivated, anticipatory bail may result in the quashing of the FIR, protecting the accused from arrest and upholding their legal rights.

In general, normal bail and anticipatory bail have identical goals, but the timing and methods for getting the bond are different. Normal bail enables people to obtain their release following an arrest and placement in detention, whereas anticipatory bail enables people to gain their release before being arrested.

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