BAIL- Anticipatory/ Regular Bail

Anticipatory bail and regular bail are two concepts that are often confused with each other, but they have distinct differences. In this article, we will explore the differences between anticipatory bail and regular bail, and why it matters in the criminal justice system.

Firstly, let’s define what anticipatory bail is. Anticipatory bail, also known as pre-arrest bail, is a type of bail that is granted to an individual before they are arrested or charged with a crime. This means that the individual has not yet been taken into custody, but they have reason to believe that they will be arrested soon. Anticipatory bail is usually granted in cases where the individual has been accused of a non-bailable offense, which means that they would not be eligible for bail if they were to be arrested and charged.

On the other hand, regular bail is granted to an individual who has already been arrested and charged with a crime. Regular bail is usually granted after the individual has been taken into custody and has appeared before a judge or magistrate. The purpose of regular bail is to ensure that the individual will return to court for their trial and to prevent them from fleeing the country or hiding from law enforcement.

Now that we have defined the two types of bail, let’s move on to the differences between them. One of the main differences between anticipatory bail and regular bail is the timing of when they are granted. Anticipatory bail is granted before the individual is arrested, while regular bail is granted after the individual has been arrested and charged.

Another key difference between the two is the level of evidence required to obtain them. Anticipatory bail is typically granted based on the possibility that the individual may be arrested in the future, whereas regular bail is granted based on the evidence presented in court. This means that the prosecution must present a stronger case for regular bail to be granted, as the individual has already been arrested and charged.

Another difference between anticipatory bail and regular bail is the amount of money required. Anticipatory bail is usually granted for a higher amount than regular bail, as the court wants to ensure that the individual will not flee the country before they are arrested. Regular bail, on the other hand, is usually granted for a lower amount, as the individual has already been arrested and is less likely to flee.

It’s also worth noting that anticipatory bail is not always granted. The court will consider several factors before granting anticipatory bail, such as the severity of the crime, the individual’s criminal history, their ties to the community, and their financial resources. If the court believes that the individual is a flight risk or a danger to society, they may deny anticipatory bail.

Regular bail, on the other hand, is more commonly granted. The court will consider the same factors when granting regular bail, but they will also take into account the strength of the evidence against the individual and the likelihood that they will return to court for their trial.

In conclusion, anticipatory bail and regular bail are two distinct concepts in the criminal justice system. Anticipatory bail is granted before an individual is arrested, while regular bail is granted after they have been arrested and charged. The level of evidence required and the amount of money required are also different for the two types of bail. Understanding the differences between anticipatory bail and regular bail is important for individuals who find themselves in legal trouble, as it can greatly impact their freedom and ability to defend themselves in court.