Bail before an arrest is a bail that is granted in a case where the court feels that the accused has been falsely involved in the case and may suffer irreparable injury to dignity, honor, or reputation if arrested. The District and Session Court grant the Pre-Arrest Bail after fulfilling the following conditions:

  1. That the person shall make himself available for interrogation by the police officer as and when required;
  2. That the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
  3. That the person shall not leave the country without prior permission of the court.
  4. That the person submits the surety bonds for the satisfaction of the Court till the final disposal of the case.
  5. There are essential ingredients for confirmation of Pre-Arrest Bail:


If the court feels that the motive for the involvement of the accused in some criminal case is not pure, a pre-arrest bail is granted. It is also granted if there is an apprehension of the imminent arrest, humiliation, and unjustified harassment of the accused due to some ulterior motive or mala fide on the part of authorities or other influential persons.


The heinousness of offense is of no importance as far as granting of pre-arrest bail is concerned. In fact, pre-arrest bail cannot be refused due to heinousness of offence.


pre-arrest bail can be confirmed when the investigation is completed and it shows that the accused has not committed the offence.


The accused should physically surrender himself before the court. It means that no pre-arrest bail can be granted to an absconder.


pre-arrest bail can be confirmed when the accused is ready to submit a bail bond in the prescribed manner under the Criminal Procedure Code, 1908.

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