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26 Jul 2026  ·  Krishna Murari  ·  26 views

Anticipatory bail is a legal provision that allows a person to seek bail in anticipation of an arrest for a non-bailable offence. It is governed by Section 438 of the Code of Criminal Procedure (and the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita).

The purpose is to protect individuals from harassment and wrongful detention. A person who has reason to believe that they may be arrested may apply to the Sessions Court or the High Court for a direction that, in the event of arrest, they shall be released on bail.

Courts consider factors such as the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing from justice, and whether the accusation appears to be made to injure or humiliate the applicant. If you believe you may be implicated in a case, consult a lawyer promptly to protect your liberty.

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