Table of Contents
FREQUENTLY ASKED QUESTIONS (FAQs)
What is anticipatory bail?
Anticipatory bail is a legal provision under Section 438 of the Criminal Procedure Code, 1973, which allows a person to seek bail in anticipation of arrest for a non-bailable offence.
Who can apply for anticipatory bail?
Any person who has a reasonable apprehension that they may be arrested for a non-bailable offence can apply.
Where is the application filed?
It can be filed in the Sessions Court or the High Court having jurisdiction over the place where the FIR is registered or where the apprehension of arrest arises.
Is presence of FIR mandatory to seek anticipatory bail?
No, a person can apply for anticipatory bail even without registration of FIR if they can demonstrate reasonable apprehension of arrest.
Can anticipatory bail be granted in matrimonial cases like 498A?
Yes, anticipatory bail can be granted in such cases depending on facts, nature of the allegations, and the discretion of the court.
What conditions may be imposed by the court?
Courts may impose conditions such as:
Cooperating with the investigation
Not leaving the country without permission
Not tampering with evidence or contacting the complainant
Can anticipatory bail be cancelled later?
Yes, if the accused violates conditions or if new evidence emerges, the court may cancel the anticipatory bail.
What if the Sessions Court rejects the application?
The applicant can move to the High Court for the same relief.
Sample
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. ___ OF 2025
In the matter of:
ABC Mehta
Indian Inhabitant,
Aged 32 years, Unmarried,
Residing at 002, Shree Vardhan Heights,
Carter Road, Bandra (West), Mumbai – 400050
…Applicant
VERSUS
The State of Maharashtra
(Through the Officer-in-Charge,
Khar Police Station, Mumbai – 400052)
…Respondent
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR GRANT OF ANTICIPATORY BAIL
TO,
THE HON’BLE PRINCIPAL JUDGE AND THE HON’BLE COMPANION JUDGES OF THIS HON’BLE COURT.
THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED, MOST RESPECTFULLY SHOWETH:
That the Applicant is a citizen of India, born and brought up in Mumbai, and is permanently residing at the address stated above. The Applicant is professionally engaged as a Chartered Accountant, currently associated with a reputed private firm in Mumbai, and is a law-abiding individual with no criminal antecedents.
That the Applicant is constrained to approach this Hon’ble Court seeking protection under Section 438 of the Code of Criminal Procedure, 1973, as he apprehends arrest in connection with a complaint recently lodged at Khar Police Station bearing Crime Register No. ___/2025 under Sections 420, 406, and 506 of the Indian Penal Code.
That the said complaint, as per information received through informal sources, has been filed by one Mr. POC Verma, a distant maternal relative of the Applicant, with whom the Applicant’s father had long-standing financial engagements relating to the jointly-held ancestral property at Andheri West. The parties are already in litigation concerning the said property before the Hon’ble City Civil Court at Dindoshi, Mumbai.
That the Applicant submits that he has no role, involvement, or interest in the subject matter of the complaint and has been falsely implicated as a means of exerting pressure on the Applicant’s family to relinquish certain claims pending adjudication in civil court.
That the Applicant submits that no incriminating material or article is alleged to be in his possession, and therefore custodial interrogation is unwarranted and wholly unnecessary.
That the Applicant is willing to cooperate with the investigation and undertakes to appear before the Investigating Officer as and when required, and to comply with any direction issued by this Hon’ble Court.
That the Applicant further submits that he has deep roots in Mumbai, residing in the city since birth with his immediate family, including his elderly parents. There is no possibility of the Applicant fleeing from justice or tampering with the evidence.
That the Applicant undertakes not to directly or indirectly induce or threaten the complainant or any witness, and assures the Court of full compliance with all legal obligations as may be imposed.
PRAYER
The Applicant, therefore, most respectfully prays that this Hon’ble Court may be pleased to:
Grant anticipatory bail to the Applicant in the event of his arrest in connection with FIR No. ___/2025 registered at Khar Police Station under Sections 420, 406, and 506 of the Indian Penal Code, on such terms and conditions as may be deemed fit and proper by this Hon’ble Court;
Pass such other and further orders as may be just and expedient in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Mumbai
Dated this ___ day of May, 2025
Drawn & Filed by:
Mr. ____________
Advocate for the Applicant
VERIFICATION
I, ABC Mehta, the Applicant above-named, do hereby solemnly affirm and state that the contents of this application are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
Solemnly affirmed at Mumbai
on this ___ day of May, 2025
Applicant
Identified and Verified by:
Advocate for the Applicant