Black’s law dictionary describes bail as “the release of a person from legal custody, by undertaking that he shall appear at the time and placed designated and submit himself to the jurisdiction and judgment of the court”.
Under Section 438, a High Court and a Session court can grant anticipatory bail. According to Section 438, anticipatory bail is defined as "a direction to release a person on bail, issued even before the person is arrested."
The power of granting anticipatory bail is considered as an extraordinary power. It is only in exceptional cases where there are chances that a person may be falsely implicated, or a frivolous case might be launched, or there are "reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise his liberty while on bail".
Where there are chances that a person may be arrested on the accusation for committing a non-bailable offence, then he may apply either at High Court or the session court that he may be granted anticipatory bail, but, then there are several conditions which the court takes into consideration before granting bail. The conditions are as follows :-
BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (name of the district where the bail application is being filed)
IN THE MATTER OF
(Name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Sections under which the FIR has been filed)
Police Station: (Name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant)
MOST RESPECTFULLY SUBMITTED AS UNDER:
a. To present himself before the police/court as and when directed.
b. That he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer.
c. That he will not tamper with the evidence or the witnesses in any manner.
d. He shall not leave India without the previous permission of the Court.
e. That the applicant is willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
It is therefore prayed that the court may direct the release of the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant.
A company is considered to be a separate legal entity. And hence, when one is started a minimum number of people are required. These people make contracts and do various things on behalf of the country. They are termed as subscribers.
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