Application for Anticipatory Bail:

• A person who believes they may be arrested for a non-bailable offence can apply to the High Court or Court of Session for a direction that they will be released on bail if arrested.

• The Court will consider the following factors when deciding the application:

  • Nature and gravity of the accusation
  • Antecedents of the applicant (e.g., previous convictions, particularly for cognizable offences)
  • Risk of the applicant fleeing from justice
  • Possibility that the accusation was made to injure or humiliate the applicant by arresting them

• The Court may either:

  • Reject the application immediately, or
  • Issue an interim order granting anticipatory bail.

Arrest Without Warrant:
If the Court does not pass an interim order or rejects the anticipatory bail application, an officer in charge of a police station can arrest the applicant without a warrant based on the apprehended accusation.

Notice and Hearing (Sub-Section 1A and 1B):

• If an interim order is granted under Sub-Section (1), the Court will send notice of the order to the Public Prosecutor and Superintendent of Police, providing them a minimum of 7 days notice before the final hearing of the application.
• The applicant's presence is required at the final hearing unless the Public Prosecutor requests otherwise, and the Court finds it in the interest of justice to do so.

Conditions for Granting Anticipatory Bail:

• When anticipatory bail is granted, the High Court or Court of Session may impose conditions, including but not limited to:
  • Availability for interrogation: The person shall be available for interrogation by a police officer as required.
  • Prevention of interference with witnesses or evidence: The person shall not intimidate, threaten, or induce any person to withhold facts from the Court or police.
  • Restrictions on leaving India: The person shall not leave India without prior permission from the Court.
  • Other conditions: The Court may impose other conditions as it deems fit, similar to conditions outlined under Section 437 (relating to regular bail).

If Arrested After Anticipatory Bail:

• If the person is arrested despite the anticipatory bail order and is prepared to give bail, they shall be released on bail.
• If a Magistrate decides that a warrant should be issued for the accused, the Magistrate will issue a bailable warrant consistent with the anticipatory bail order from the High Court or Court of Session.