Anticipatory Bail Application India

By Team Legal Helpline India, December 27, 2014

Brief discussion on Anticipatory Bail Application India and details of our services:

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Section 438 of CrPC regulates the matters concerning Anticipatory Bail Application India, which reads as under:


(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bail able offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail, and that Court may, after taking into consideration, inter alia, the following factors, namely:

(i) the nature and gravity of the accusation;

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,

Either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.

(1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity or being heard when the application shall be finally heard by the Court.

(1B) The presence of the applicant seeming anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.]

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such direction in the light of the facts of the particular case, as it may thinks fit, including:

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant in conformity with the direction of the Court under sub-section (1).

Cr PC (Amendment) Act, 2005 has further amended the said section to the following effect:

Section 438 has been amended to the effect that (i) the power to grant anticipatory bail should be exercised by the Court of Session or High Court after taking into consideration certain circumstances; (ii) if the Court does not reject the application for the grant of anticipatory bail, and makes a interim order of bail, it should, forthwith give notice to the Public Prosecutor and Superintendent of Police and the question of bail would be re-examined in the light of the respective contentions of the parties; and (iii) the presence of the person seeking anticipatory bail in the Court should be made mandatory at the time of hearing of the application for the grant of anticipatory bail subject to certain exceptions.”


Anticipatory Bail Application India is prescribed under Section 438 of the Code of Criminal Procedure for securing the order of release of a person apprehending arrest in a non bailable offense.

The filing of the anticipatory bail application is done at the level of Sessions Court for grant of anticipatory bail.

If the Sessions Court dismisses the application for anticipatory bail as filed before it, the only remedy available to the person is filing of the anticipatory bail application format before the High Court.

In the event of the anticipatory bail application being dismissed by the High Court, the only option available to the person is the Supreme Court under Article 136 of the Constitution of India.

The drafting and filing of the anticipatory bail application India is highly important from the point of view of the criminal case as grant of anticipatory bail is an important stage of the FIR.

The anticipatory bail application India needs to be signed by the applicant/accused or any close friend or relative of the accused.

The Anticipatory Bail Application India is to be supported by an affidavit in support of the anticipatory bail application India.

Power of Attorney in favor of the counsel is required to be executed and attached along with the anticipatory bail application India.

Copy of the FIR which is readable is required to be filed along with the anticipatory bail application India.

Copies of all the relevant documents are required to be attached along with the anticipatory bail application India.

We provide all online legal services of Anticipatory Bail applications India. For urgent needs of anticipatory bail and advice call at our board No. 911-2335 5388 or mail us the facts and copy of FIR.

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