Define Anticipatory Bail. Draft a Bail Application before a Magistrate during Police Enquiry under Section 437, Cr.PC 1973.

Answer 6(b) An "anticipatory bail" is granted by the High Court or a Court of Session, to a person who apprehends arrest for having committed a non-bailable offence, but has not yet been arrested according to Section 438 Cr.PC. An opportunity of hearing must be given to the opposite party before granting anticipatory bail (State of Assam v. R.K. Krishna Kumar AIR 1998 SC 144). Bail Application before a Magistrate during Police Enquiry under s. 437, Cr.PC 1973 In the Court of............Magistrate ...... The State ............ Versus Accused AB son of TZ, Village: ............ Thana: ............ In the matter of petition for bail of accused AB, during police enquiry The humble petition of AB the accused above-named Most respectfully sheweth: That your petitioner was arrested by the police on 7th March 2021 on mere suspicion. That nearly a month has passed after the arrest but still the Investigating Police Officer has not submitted a charge-sheet. That your petitioner was not identified by any inmate of the house of CM where the burglary is alleged to have taken place, nor any incriminating article was found in his house. That your petitioner has reason to believe that one GS with whom your petitioner is on bad terms and who is looking after the case for complainant has falsely implicated your petitioner in the case out of grudge. That your petitioner shall fully co-operate with the police. That your petitioner is not likely to abscond or leave the country. Your petitioner prays that your Honour may be pleased to call for police papers and after perusing the same be pleased to direct the release of your petitioner on bail. And your petitioner, as in duty bound, shall ever pray. Advocate AB Verification I, AB, son of TZ, residing at............by occupation business, do hereby solemnly affirm and say as follows: I am the petitioner above-named. I know and I have made myself acquainted with the facts and circumstances of the case and I am able to depose thereto. The statements in paragraphs 1 to 5 of the foregoing petition are true and correct to my knowledge and belief. I sign this verification on the 7th day of March 2021. Solemnly affirmed by the said AB on 7th March 2021 at the Court House at............ Before me Notary/Magistrate