Anticipatory Bail

Anticipatory bail, a unique provision in Indian criminal law, allows individuals to seek pre-arrest bail when they anticipate being accused of a non-bailable offense. This legal mechanism, governed by Section 438 of the Criminal Procedure Code, provides protection against potential arrest while maintaining a balance between personal liberty and the needs of investigation. The process typically involves filing an application with the Sessions Court or High Court, detailing the reasons for apprehending arrest and presenting supporting evidence.

Key aspects of anticipatory bail:

• Can be granted by Sessions Court or High Court
• Usually does not carry a time limit and can even extend till end of trial, as per the recent Sushila Aggarwal judgment.
• Courts may impose conditions like regular appearance before police.
• Rejection of an anticipatory bail is in itself not a ground for the police to arrest the applicant/ accused.