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CrPC Section 438. Direction for grant of bail to person apprehending arrest


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 33
Chapter Title Ministry Department
Provisions As To Bail And Bonds Ministry of Home Affairs Department of Internal Security

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of the Court under sub-section (1).

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Related judgement on CrPC Section 438. Direction for grant of bail to person apprehending arrest

Dr. Naresh Kumar Mangla Vs. Smt. Anita Agarwal, 2020 Latest Caselaw 666 SC Sumedh Singh Saini Vs. State of Punjab, 2020 Latest Caselaw 635 SC ARNAB MANORANJAN GOSWAMI vs STATE OF MAHARASHTRA, 2020 Latest Caselaw 623 SC ARNAB RANJAN GOSWAMI vs. UNION OF INDIA, 2020 Latest Caselaw 371 SC PRATHVI RAJ CHAUHAN vs. UNION OF INDIA, 2020 Latest Caselaw 139 SC SUSHILA AGGARWAL vs. STATE (NCT OF DELHI), 2020 Latest Caselaw 94 SC P CHIDAMBARAM vs. CENTRAL BUREAU OF INVESTIGATION, 2019 Latest Caselaw 1026 SC BARUN CHANDRA THAKUR vs. RYAN AUGUSTINE PINTO, 2019 Latest Caselaw 1014 SC UNION OF INDIA vs. STATE OF MAHARASHTRA, 2019 Latest Caselaw 887 SC P. CHIDAMBARAM vs. DIRECTORATE OF ENFORCEMENT, 2019 Latest Caselaw 808 SC Sasikala Pushpa Vs. State of Tamil Nadu, 2019 Latest Caselaw 477 SC Prakash Chand Meena Vs. The State of Rajasthan & ANR. [October 09, 2018], 2018 Latest Caselaw 736 SC Dwarika Das Rathi Vs. The State of Chhattisgarh [October 09, 2018], 2018 Latest Caselaw 735 SC Sushila Aggarwal & Ors. Vs. State (NCT of Delhi) & ANR. [MAY 15, 2018], 2018 Latest Caselaw 381 SC Prem Giri Vs. State of Rajasthan [May 02, 2018], 2018 Latest Caselaw 333 SC Dr. Subhash Kashinath Mahajan Vs The State of Maharashtra and ANR. [MARCH 20, 2018], 2018 Latest Caselaw 191 SC Bhausaheb Vs. The State of Maharashtra [January 30, 2018], 2018 Latest Caselaw 53 SC Prem Giri Vs. State of Rajasthan [December 14, 2017], 2017 Latest Caselaw 902 SC Barun Chandra Thakur Vs. Central Bureau of Investigation and Others. [DECEMBER 11, 2017], 2017 Latest Caselaw 881 SC Rahul Arora & Ors. Vs. The State of Haryana [November 28, 2017], 2017 Latest Caselaw 844 SC Dilipkumar Vs. The State of Maharashtra [AUGUST 09, 2017], 2017 Latest Caselaw 561 SC Anil Harikisan Navandar Vs. The State of Maharashtra & ANR. [AUGUST 09, 2017], 2017 Latest Caselaw 560 SC Satwant Singh Vs Malkeet Singh [JULY 20, 2017], 2017 Latest Caselaw 491 SC Ram Naresh Yadav Vs. The State of Jharkhand & ANR. [JULY 17, 2017], 2017 Latest Caselaw 471 SC The State of Telangana Vs. Habib Abdullah Jeelani & Ors. [January 06, 2017], 2017 Latest Caselaw 33 SC Bhadresh Bipinbhai Sheth Vs. State of Gujarat & Another [SEPTEMBER 01, 2015], 2015 Latest Caselaw 571 SC Teesta Atul Setalvad and ANR. Vs. State of Gujarat [March 19, 2015], 2015 Latest Caselaw 220 SC K.P. Manu Vs. Chairman, Scrutiny Committee for Verification of Community Certificate [February 26, 2015], 2015 Latest Caselaw 147 SC Dr. (Mrs.) Malathi Ravi, M.D. Vs. Dr. B.V. Ravi, M.D. [June 30, 2014], 2014 Latest Caselaw 401 SC Union of India & Ors. Vs. R.P.Singh [MAY 22, 2014], 2014 Latest Caselaw 373 SC

Click here to view all Supreme Court (SC) Judgements on CrPC Section 438. Direction for grant of bail to person apprehending arrest