Anticipatory Bail Law

Anticipatory Bail

Pre-arrest bail sought from a Sessions or High Court by a person who apprehends arrest in a non-bailable offence.

Anticipatory bail is a protective order obtained before an actual arrest, typically when someone has reason to believe they may be arrested in connection with a non-bailable offence — for instance after being named in an FIR. If granted, the police must release the person on bail if they are in fact arrested for that matter.

Courts usually weigh the seriousness of the allegation, the applicant's conduct, and whether custodial interrogation is genuinely necessary. It is sought through a formal application, and can come with conditions such as cooperating with the investigation.

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