Anticipatory Bail
Anticipatory Bail is a pre-arrest legal remedy available under Section 438 of the Code of Criminal Procedure, enabling a person to seek protection from arrest in anticipation of being accused of a non-bailable offence.
The relief is discretionary and granted only when the court is satisfied that arrest is unnecessary and that the applicant will cooperate with the investigation.
Nature and gravity of allegations
Assessment of seriousness of the offence and role attributed to the applicant.
Antecedents of the applicant
Consideration of prior criminal history or past conduct.
Possibility of misuse of liberty
Likelihood of absconding, influencing witnesses, or obstructing investigation.
Cooperation with investigation
Willingness of the applicant to assist investigating authorities.