What is regular bail?
Regular bail is granted after arrest and formal accusation. The court considers the nature of the charge, criminal history, flight risk and community ties. Regular bail applications are typically filed urgently after arrest.
What is anticipatory bail?
Anticipatory bail is a pre-arrest remedy sought when a person expects arrest but has not yet been taken into custody. It allows the person to approach the court voluntarily and secure conditional release before arrest occurs.
- Anticipatory bail requires showing credible threat of arrest.
- The application must be filed before arrest, not after.
- Courts grant anticipatory bail on conditions like reporting to police or surrendering passport.
When should you file each?
File anticipatory bail when you have credible information of imminent arrest but have not yet been arrested. File regular bail immediately after arrest. The timing affects the court's assessment and available remedies.