Anticipatory bail is a provision under Section 438 of the Code of Criminal Procedure, 1973, which allows a person to seek bail in anticipation of arrest for a non-bailable offence.
The application must demonstrate reasonable apprehension of arrest. Courts consider factors such as the nature of accusation, antecedents of the applicant, possibility of fleeing justice, and whether the accusation has been made with the object of injuring or humiliating the applicant.
Anticipatory bail can be granted by the Sessions Court or the High Court. The Supreme Court in Sushila Aggarwal v. State (2020) held that anticipatory bail should not be limited to a fixed period and should operate until the end of trial.
It is important to note that anticipatory bail is not available for all offences. Certain statutes like the SC/ST Prevention of Atrocities Act have restrictions on grant of anticipatory bail.