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      Question

      Under Section 438 of the Code of Criminal Procedure,

      1973, an application for anticipatory bail may be made to:
      A Any Judicial Magistrate First Class Correct Answer Incorrect Answer
      B District Magistrate Correct Answer Incorrect Answer
      C Court of Session or High Court Correct Answer Incorrect Answer
      D Supreme Court only Correct Answer Incorrect Answer

      Solution

      Section 438 CrPC provides that when a person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for anticipatory bail. While considering such an application, the court may examine factors such as the nature and gravity of the accusation, the applicant’s antecedents, the possibility of fleeing from justice, and whether the accusation was made to injure or humiliate the applicant. The court may also impose conditions, including requiring the applicant to be available for interrogation, not to threaten or induce witnesses, and not to leave India without prior permission. If the person is later arrested without warrant on that accusation and is prepared to give bail, he must be released on bail in terms of the direction granted under Section 438.

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