Anticipatory Bail Applications

After a dispute over a flat booking in Kharghar, a builder’s family hears that the other side has lodged a police complaint and that officers may come to the house the next morning. Nobody has been arrested yet, and nobody wants to spend even one night in a lock-up for a matter that may turn out to be a civil quarrel. The law allows a person to go to court before the arrest and ask that, if arrested, he be let out at once. That is anticipatory bail. How is the apprehension shown, and how is the application drafted?

In two minutes

Anticipatory bail is a direction by the High Court or Court of Session, under s.482 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) (old CrPC s.438), that a person who has reason to believe he may be arrested on an accusation of a non-bailable offence shall be released on bail if he is arrested; the application must show a real apprehension of arrest and offer conditions.

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