Can anticipatory bail be granted in non-bailable offences?

Answer By law4u team

Yes, anticipatory bail can be granted in non-bailable offences. Under the Bharatiya Nagarik Suraksha Sanhita, anticipatory bail is specifically meant for persons who apprehend arrest in non-bailable offences. Key points: Anticipatory bail applies only when there is fear of arrest in a non-bailable offence. It is granted before arrest by: Sessions Court, or High Court Court considers factors like: Nature and seriousness of the offence Evidence against the accused Possibility of absconding Risk of influencing witnesses or tampering evidence Need for custodial interrogation Important Supreme Court principle: In Gurbaksh Singh Sibbia v. State of Punjab, the Court held that anticipatory bail is a safeguard of personal liberty and should be decided based on facts of each case. Important clarification: Anticipatory bail is not usually needed for bailable offences because bail is already a right in such cases. It is mainly used in non-bailable offences where arrest is possible. Conclusion: Yes, anticipatory bail is specifically available and commonly used in non-bailable offences, depending on court discretion and case facts.

Answer By Ayantika Mondal

Dear Client, Anticipatory bail is specially designed for and only available in non bailable cognizable offenses. Under Section 482 of the Bharti Nagarik Suraksha Sahita which replaced Section 438 of the Code of Criminal Procedure an individual who has a reason to believe that they might be arrested for a non bailable offense can apply to the High Court of the respective state or the Court of Session for a direction to be released on bail in the event of such an arrest. If an offense is bailable then you are entitled to bail as a matter of right upon arrest making an anticipatory bail application is unnecessary. It is important to that anticipatory bail is a discretionary remedy and not an automatic right that is granted to an accused. When considering an application of anticipatory bail, the court evaluates various factors such as the nature and gravity of the accusation your criminal antecedents and the likelihood of you fleeing or tampering with the evidence. If the court finds it appropriate it will grant the order for anticipatory bail which effectively acts as a pre arrest protection. However, the court will typically impose conditions such as requiring you to cooperate with the police investigation surrender your passport or refrain from contacting the witnesses. If you fail to comply with these conditions the court has the authority to cancel your bail. There are also statutory exceptions where this relief cannot be granted under section 482(4) of the BNS anticipatory bail is barred for certain serious offenses including those under Section 65 and 70(2) of the Bharatiya Nyaya Sahita which relate to specific crimes against women and children. Furthermore, for some special statutes like that of NDPS Act the law imposes such strict criteria for granting anticipatory bail and obtaining pre protection. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou