Bail Before Arrest / Pre Arrest Bail

Section 498 crpc deals with Pre arrest/ Bail before arrest, according to section 498 crpc, the amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive and the High Court or court of session may in case, whether there be an appeal on conviction or not direct that any person be admitted to bail or that the bail required by a police officer or magistrate be reduced.

What is Pre Arrest Bail?

Pre arrest bail is an extra ordinary relief the scope whereof is narrow but it can be lawfully extended to a person who does not prima facie appear to have committed a non bailable offence or there is room for further probe into his guilt within the meaning of section 497 (2) crpc.

Object of Pre Arrest Bail

The object of pre arrest bail is to save innocent persons from being unnecessarily harassed. Humiliation and unjustified harassment is a sine qua non for pre arrest bail besides the mala fide of the prosecution, Mala fide and ulterior motive must be alleged specifically, though not required to be proved in order to obtain bail before arrest , Question of grant of bail before arrest to an accused does not arise in absence of an element of unjustified harassment, false implication or ulterior motive, either on the part of prosecution or adversaries concerned or mala fide of intended arrest.

The basic concept of the word bail is release of a person from the custody of the Police and delivery into the hands of sureties, who undertake to produce him in court whenever required to do so.

Concept of Bail

Concept of bail emerges from conflict between police power to restrict liberty of a man who is alleged to have committed crime and presumption of innocence in favor of alleged criminal. State in its anxiety to protect its subjects from onslaughts on criminals, has vested police with power of arrest and of approaching criminal courts with a prayer for keeping accused in custody. In a primitive society there was no conception of bail, but in a civilized society bail has become rule.

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