Conditions which the Session court may impose while granting Ad Interim Anticipatory Bail

Ad interim anticipatory bail provides temporary protection to an accused while their anticipatory bail application is under consideration. Courts impose specific conditions to balance the fundamental right to liberty with the interests of justice and investigation. This article explores the common conditions imposed by courts.

Common Conditions Imposed by Courts

1. Cooperation with Investigation

   Courts often direct the accused to cooperate fully with the investigating agency, including appearing for interrogation when summoned.  

2. Non-Interference with Evidence or Witnesses

   The accused is prohibited from tampering with evidence or influencing witnesses. This ensures that the investigation remains unbiased and unhindered.  

3. Restrictions on Travel 

   Courts may restrict the accused from leaving a specified jurisdiction without prior permission to mitigate flight risks.  

 

4. Regular Court Appearances

   The accused must attend all scheduled court hearings without fail, ensuring accountability during legal proceedings.  

 

5. Personal Bonds and Sureties

   Courts may require the accused to furnish personal bonds and sureties as a guarantee of compliance with bail conditions.  

Key Principles Derived from Judgments

1. No Final Relief via Ad Interim Orders 

   Courts must avoid granting de facto anticipatory bail through interim measures (Deepak Aggarwal v. Balwan Singh, 2025). Such orders should be temporary and subject to further scrutiny.

2. Case-Specific Conditions

   Factors such as the gravity of the offense, criminal history, and flight risk determine conditions.

3. Humanitarian Grounds  

   Courts may relax conditions in cases involving medical emergencies or family events but enforce strict compliance thereafter.

Conclusion

Ad interim anticipatory bail serves as a crucial mechanism to protect individual liberty while ensuring justice is not compromised during investigations. Courts carefully impose conditions tailored to each case's facts to strike a balance between safeguarding rights and maintaining investigative integrity.

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