Difference between anticipatory and regular bail

Question

Accepted Answer

Anticipatory bail is granted before arrest, while regular bail is granted after arrest.

Anticipatory bail is a pre-arrest legal remedy that allows a person to seek bail in anticipation of being arrested.
Regular bail is sought after a person has been arrested and is in custody.
Anticipatory bail is granted based on the anticipation of arrest, usually when there is a reasonable apprehension of arrest.
Regular bail is granted based on the merits of the case, such as the seriousness of the offense, the likelihood of the accused fleeing, or the possibility of tampering with evidence.
Anticipatory bail is usually granted with conditions, such as surrendering the passport or cooperating with the investigation.
Regular bail can be granted with or without conditions, depending on the discretion of the court.
Anticipatory bail is a preventive measure to protect the individual's rights and prevent unnecessary arrest and detention.
Regular bail is a post-arrest measure to ensure the accused's presence during the trial and to balance the interests of justice.
Examples of anticipatory bail include when a person anticipates being falsely implicated in a criminal case or when there is a threat of arrest due to political reasons.
Examples of regular bail include when a person is arrested for a non-bailable offense but is not a flight risk or when the court believes that the accused will not tamper with evidence.

Accepted Answer

Anticipatory bail is being filed to stay arresting before Learned District and Sessions Judge or before Honourable High Court and regular bail is being filed when the accused person surrenders before Learned CJM.

Difference between anticipatory and regular bail

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