Court Grants Anticipatory Bail, Citing Article 21: Cooperation Can Prevent Arrest in Non-Bailable Offenses u/s 438.

Grant of anticipatory bail - applicant has cooperated to the fullest extent by submitting reply to the notice/summons issued to him - the personal liberty guaranteed under Article 21 of the Constitution of India is a fundamental right and in every case, arrest is not necessary. Under Section 438 Cr.P.C., where the implication of a person is for a non-bailable offence, he can apply for anticipatory bail. If the applicant cooperates with the inquiry, there is no requirement of his arrest. - HC .....

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