What is Anticipatory Bail? When and How to Apply?

Anticipatory bail is a legal remedy under Section 438 of the Code of Criminal Procedure, 1973, allowing a person to seek bail in anticipation of arrest for a non-bailable offence.

It is granted by the Sessions Court or High Court when the applicant demonstrates a reasonable fear of imminent arrest.

The landmark case Gurbaksh Singh Sibbia v. State of Punjab (1980) clarified its scope. The applicant must show no intent to evade investigation. Conditions may include surrendering the passport or appearing for interrogation.

This remedy is not available once an individual has been arrested, and it cannot be claimed as an absolute right.