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Nikita Jacob gets 3-week transit anticipatory bail
The Bombay High Court has granted transit anticipatory bail for three weeks to advocate Nikita Jacob in connection with climate campaigner Greta Thunberg’s ‘toolkit’ related to the farmers’ protest.
Anticipatory Bail:
- Section 438 of the Code of Criminal Procedure (CrPC) talks about grant of bail to a person anticipating arrest.
- An application for such a bail can be made before a high court or a sessions court whenever anyone feels they may be arrested on accusation of having committed a non-bailable offence.
- So the difference between an ordinary bail order and an anticipatory bail order is that the former is granted after arrest and, therefore, leads to the release of the accused from custody, while an anticipatory bail is granted in anticipation of the arrest and is, therefore, effective at the very moment of arrest.
- A transit anticipatory bail is sought when a case against a person has been or is likely to be filed in a state different from the one in which he or she is likely to be arrested. So the purpose of a transit bail is to allow the person bail, so they can approach the appropriate court in the state in which the case has been filed for anticipatory bail.
- In the absence of transit anticipatory bail, the result would be that another state’s police could arrest a person from their home state without them having the opportunity to apply for anticipatory bail at all. The only option then left would be to apply for regular bail once they are arrested and taken to the state in which the caseis registered.