Pre-arrest bail is a protective remedy sought before arrest. It is usually requested where a person believes that arrest is being misused, the allegation is false or mala fide, or custodial arrest is not justified in the circumstances.
The court considers the FIR, allegations, role attributed to the accused, available documents, delay, mala fide, possibility of further inquiry, and whether arrest is necessary for investigation.
Pre-arrest bail requires careful preparation because the court expects the applicant to show grounds beyond a mere fear of arrest.
Disclaimer: This article is for general information only and does not constitute legal advice. Please consult a lawyer for advice on your specific facts and documents.