Anticipatory Bail in India

Oct 10, 2020

Black’s law dictionary describes bail as “the release of a person from legal custody, by undertaking that he shall appear at the time and placed designated and submit himself to the jurisdiction and judgment of the court”. 

Types of Bail

  1. Regular Bail:- a regular bail can be granted to be a person who has already been arrested and kept in police custody. A  person can file a bail application for regular bail under Section 437 and 439 of the Code of Criminal Procedure, 1973.
  2. Interim Bail:- interim bail is a bail granted for a shorter period. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail.
  3. Anticipatory Bail:- a person who has the fear that he can be arrested by police for committing a non-bailable offence, can apply for anticipatory bail. Under section 438 bail before the arrest of a person and if the court has granted anticipatory bail, then the person cannot be arrested by the police. 

Under Section 438, a High Court and a Session court can grant anticipatory bail. According to Section 438, anticipatory bail is defined as "a direction to release a person on bail, issued even before the person is arrested."

The power of granting anticipatory bail is considered as an extraordinary power. It is only in exceptional cases where there are chances that a person may be falsely implicated, or a frivolous case might be launched, or there are "reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise his liberty while on bail".

Condition for Anticipatory Bail

Where there are chances that a person may be arrested on the accusation for committing a non-bailable offence, then he may apply either at High Court or the session court that he may be granted anticipatory bail, but, then there are several conditions which the court takes into consideration before granting bail. The conditions are as follows :-

  1. The nature and gravity of the accusation.
  2. 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.
  3. The possibility of the applicant to flee from justice.
  4. 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

Format for Anticipatory bail

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (name of the district where the bail application is being filed)




(Name of the applicant)

FIR Number: (Mention the FIR number)

Under Section: (Sections under which the FIR has been filed)

Police Station: (Name of the Police Station)



  1. That the present FIR has been registered on false and unsubstantial facts and the said facts stated in the FIR are fabricated, concocted and are baseless.
  2. That the police have falsely drawn in the applicant in the present case as the applicant is a respectable citizen of the society and is not involved in any criminal case. The applicant has very good antecedents, he belongs to a good family, and there is no criminal case pending against them.
  3. That the investigation or any custodial interrogation is required is not required as far as the applicant is concerned.
  4. That being the permanent resident of India, the applicant will not be absconding from the course of justice.
  5. That the applicant undertakes the following:

a. To present himself before the police/court as and when directed.

b. That he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer.

c. That he will not tamper with the evidence or the witnesses in any manner.

d. He shall not leave India without the previous permission of the Court.

e. That the applicant is willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.

It is therefore prayed that the court may direct the release of the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant.