**Sample PDF of the Application is attached at the end. (Example taken from Bombay High Court, Mumbai – Criminal Appellate Jurisdiction. This is only a sample format for understanding. Details will vary case to case.)
Why & When This Application Is Used
An Anticipatory Bail Application is filed when a person:
- Apprehends arrest in a non-bailable offence.
- Believes they are being falsely implicated or that arrest is unnecessary.
- Wants protection from arrest in advance.
Instead of waiting to be arrested and then applying for bail, the applicant requests the High Court or Sessions Court for an order that if arrested, they should be immediately released on bail.
Purpose of Anticipatory Bail
- To safeguard the liberty of individuals against misuse of law.
- To prevent unnecessary custody when an investigation can continue without arrest.
- To strike a balance between the rights of the accused and the need for a fair investigation.
Important Things About Anticipatory Bail
- Filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (this replaced old Section 438 CrPC).
- Granted for non-bailable offences only.
- Court considers factors like:
– Gravity of allegations
– Role of applicant
– Past criminal record (if any)
– Risk of absconding
– Need for custodial interrogation - Court usually imposes conditions (e.g., cooperate with investigation, don't tamper with evidence, don't leave India).
- If anticipatory bail is rejected, the applicant can be arrested immediately.
FAQs
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Q1. Who can apply for anticipatory bail?
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Any person who reasonably believes that they may be arrested for a non-bailable offence.
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Q2. Can anticipatory bail be applied before an FIR is filed?
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Yes, if there is a reasonable apprehension of arrest, even before FIR registration.
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Q3. Which court should I approach?
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Sessions Court first; if rejected, then High Court. In rare cases, directly to the High Court.
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Q4. What happens if anticipatory bail is granted?
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If arrested, the police must release the person on bail immediately without sending them to custody.
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Q5. What if anticipatory bail is rejected?
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Applicant may approach a higher court (High Court or Supreme Court).
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Q6. Can anticipatory bail be cancelled later?
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Yes, if the applicant violates conditions (e.g., threatens witnesses, absconds).
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Q7. Is anticipatory bail permanent?
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Usually till the end of the trial, unless the court specifies a limited duration.
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Q8. Can multiple people file a joint anticipatory bail application?
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Yes, co-accused can file together if the allegations are linked.
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Q9. Is anticipatory bail available for all offences?
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No. Some offences (like serious economic crimes, terrorism, or special laws like PMLA, NDPS, or UAPA) may restrict anticipatory bail.
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Q10. What's the difference between regular bail and anticipatory bail?
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Regular bail → after arrest.
Anticipatory bail → before arrest, as a protective shield.
Downloads & Resources
Legal Affidavit Document
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. ___ OF ___
DISTRICT: ___
___,
Age: ___ years,
Occ: ___,
Residing at ___.
… Applicant
VERSUS
THE STATE OF MAHARASHTRA
(Through ___)
… Respondent
TO,
THE HON'BLE THE CHIEF JUSTICE AND THE OTHER HON'BLE COMPANION JUDGES OF THIS HON'BLE COURT
THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED
MOST RESPECTFULLY SHEWETH:
- The Applicant apprehends arrest in connection with C.R. No. ___ registered at ___ for offences alleged under Sections ___ of the Bharatiya Nyaya Sanhita, 2023 and Section ___.
- The Applicant has reason to believe that his arrest is sought despite being innocent and has been falsely implicated due to ___. Custodial interrogation is not required.
- The Applicant submits that the FIR allegations are exaggerated and inconsistent with medical and circumstantial evidence. Investigation is substantially complete.
- The Applicant has deep roots in society, is a permanent resident of ___, has no criminal antecedents, and is not likely to abscond.
- The Applicant undertakes to:
- Appear before the Investigating Officer whenever called;
- Not tamper with evidence or influence witnesses;
- Not leave India without prior permission of this Hon'ble Court.
GROUNDS
A. Section 482 BNSS empowers this Hon'ble Court to grant anticipatory bail where a person apprehends arrest for a non-bailable offence.
B. Allegations do not prima facie disclose the necessary intent under the invoked BNS provisions.
C. Medical evidence contradicts allegations regarding the nature of injuries.
D. False implication is apparent from prior disputes between the parties.
E. Custodial interrogation is unnecessary and liberty can be protected by conditions.
PRAYER
The Applicant therefore prays that this Hon'ble Court may be pleased to:
Grant anticipatory bail to the Applicant under Section 482 BNSS in connection with the above crime;
Direct that in the event of arrest, the Applicant be released on bail on such terms and conditions as deemed fit;
Grant interim protection from arrest pending final disposal; and
Pass such other orders as this Hon'ble Court may deem just and proper.
VERIFICATION
I, ___, Age ___ years, residing at ___, do hereby verify that the contents of paragraphs ___ are true to my knowledge and belief.
Place: ___
Date: ___
Applicant
Through
___, Advocate for the Applicant
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