What Is Anticipatory Bail ?

WHAT IS ANTICIPATORY BAIL?

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Here is an explanation of Anticipatory bail given by the Supreme Court (Gurbaksh Singh Sibbia v The State of Punjab AIR 1980 SUPREME COURT 1632). A person can apply for AB even after the FIR is filed, but not if the person has been arrested. Read the excerpts to get an understanding of AB:

  • 35. Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to believe’ that he may be arrested for a non-bailable offence. The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds.
  • Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.
  • Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has not been arrested.
  • After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offenses for which he is arrested.

____________

The four factors, which are relevant for considering the application for
grant of anticipatory bail, are
:

  1. The nature and gravity or seriousness of accusation as apprehended by the applicant;
  2. The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
  3. The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
  4. The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

____________

Here is a post that clarifies it all:  SC Explains Anticipatory Bail – 2009

____________

When Can A Person Apply For AB ?: When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him. He has the right to move the Court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

Conditions That May Be Imposed By The Court: The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

· A condition that the person shall make himself available for interrogation by the police officer as and when required;

· A condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

· A condition that the person shall not leave India without the previous permission of the court.

Arrest: If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.

Anticipatory Bail Not A Blanket Order: The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

Cancellation: An accused is free on bail as long as the same is not canceled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Anticipatory Bail Not Available In Uttar Pradesh

__________________________________________________

39 Responses to “What Is Anticipatory Bail ?”


  1. 1 Kuldeep sehrawat September 4, 2007 at 3:51 pm

    IF A PERSON IS GETTING 3 DAYS PRE-ARREST NOTICE GRANT FROM THE COURT.HE/SHE WILL B ARRESTED?

    BEFORE LOUNCHING FIR HE WILL B APPLIED FOR ANTICIPATORY BAIL?

    AFTER GETTING PRE-ARREST NOTICE,IS IT EASY TO GET ANTICIPATORY BAIL?

    IS IT POSSIBLE TO APPLY FOR ANTICIPATORY BAIL ON COMPLAIN OR THERE IS ANY RULE THAT WE HAVE TO APPLY FOR PRE-ARREST NOTICE FIRST/

    WHAT IS THE CHANCE OF GETTING ANTICIPATORY BAIL GRANT?

    • 2 Fighter December 31, 2009 at 8:12 am

      Hello,

      Did you get any confirmation about the process ? May be by now, you could answer the questions yourself..that were put by you ..
      What is the difference between interim protection presumably it is same as 3 day arrest notice and AB ?

      When a complaint goes to women cell (as is the process in Delhi), what should one do, apply for interim or apply for AB ?

      A Fellow Fighter !!

  2. 3 Swarup Sarkar October 5, 2007 at 11:24 am

    1. Please note 498A is a legal terrorism tools and the main fear is arrest immediately. Maximum cases it had been wittness that the people do not able to move to court for getting the AB . Result they land up in jail.
    2. Once you get a arrest stay , police have to serve you the summon and get it singed or past in your home, so you know that a FIR had been registered in your name and you can go immediately to court for AB.
    Even one day notice also sufficient , so that you can take the necessary save gurd your self and try for AB , as you know a FIR had been registered in your name. It will not be like, police come with FIR and arrest you and put behinnd the bar.
    3. Once the arrest stay granted, the chances of particapate in police enquiry without fear and you can face them without fear and they can’t blackmail you that od this other sise we will send you behind the bar.
    4. Yes, a lot of cases we wittness that a arrest stay gives some benift for AB , but it is not always true, and do not get complecent.
    Basically the arrest stay , gives a chance once FIR registered and then move to court for AB or at least take a save gurd for your self.
    This is a must to do activity , if you want to face the legal terrorist .

  3. 4 Amit November 27, 2007 at 8:35 am

    Kindly advise on how to get an arrest stay.

  4. 5 TGK VASISTA April 14, 2008 at 5:25 pm

    Dear Sir

    I have been harassed by wife as follows:

    She cheated me by saying that she was never married and is not having any child.

    But her behavour with me is that she wants jsut a marriage relationship but not the actual staying together. This is beacuse either she is intersted in another person or she is having children that she is raising secretly. When I started suspecting her that she always goes to Hyderabad and stays with mom is not because that her mom is ill, it is becuase she is raising her kids secretly in Hyderabad.

    So she is taking this as a chance and says taht her mom is ill or she is ill so she wants to stay with her mom so that she can escape from being staying at Vizag which is my native place and I asked her to stay ther and estblish a residence (a rented one so that when I come back I can stay). She did not listen to me. I request the police/cid to get invovled in this cheating (as per me – but needs to be proved)case by my wife and verify as against her patterns and behaviours.

    I am working as a faculty member in engineering in Libya.
    She filed a case against me and revoked before I was leaving to Libya.

    I need the police to help me out in getting rid of this false case of 498A is being used by many woman.

    Can I get good justice and can I be protected against this in terms of leading good conjugal life with kids of my own (begated child)

    Help me please………..

    regards
    TGK VASISTA

  5. 6 Babu July 22, 2008 at 4:33 pm

    Hi
    One day police came to my home at night at 10-00 hrs and wanted to arrest me and my papa for cheating of USD 3,200/ and Rs 20,000 to one person. I never received any notice, or summon. Person has filed FRI in other city and I m in other city, but he has put me as director of one company abroad and in that company he has TT USD 3200/.
    He had filed case of criminal code which r unbailable. I went to his city n applied for AB, my papa got it due to his age 73 and heart patient. My was rejected, then I applied with HC and I got it. Papa has to surrender with his city court ( session court ) within 15 days. Every 5th of month he has to report to city police station of his city. I got from HC but nothing mentioned in that like special date or i have to be precent with chief justice / we both have to give rs 10,000 x 2 securities.
    Now my question : still my local police can arrest me till I dont serrunder to court ? can they take me on remand or like wise they can hit me ?

    I have also given few goverment official letter and proof to court that we r not partner or director of this company. But this man has deposited rs 20,000 in to my account but How I dont no. ( cash depostied ) My younger brother is also citizen of that abroad county where this company has taken his USD 3200 and not supplied his goods. He has also included my that brother name in it as MD. We have given register copy of company from that abroad country and its much much more advance n free of courruption, clearly mentioned with others name as Directors and MD

    Can police arresst me if I dont surrender to court as no date in mention. Its writen that police can call me introgration, so can they hit me or like that ?
    What action I can take to safe my self for crime what I have not done.

    Await yr rpl
    Rgds Mr Babu

  6. 7 Vivek September 12, 2008 at 7:52 am

    IS IT POSSIBLE TO APPLY FOR ANTICIPATORY BAIL ON COMPLAIN?
    IN MY CASE MY WIFE HAS FILLED A FALSE DOWRY COMPLIANT IN WOMEN CELL IN DELHI AND THE CASE IS THERE IN WOMEN CELL BUT THE FIR IS STILL NOT LODDGED AGAINST ME AND MY FAMILY.

    WHAT STEPS I CAN TAKE TO SAVE MY FAMILY?

  7. 8 harsh kapoor December 17, 2008 at 1:43 pm

    my & my parents Anticipatory bail was rejected in 498-A in high court what can i do now

  8. 9 mehta ramlal January 14, 2009 at 3:20 am

    IS IT POSSIBLE TO APPLY FOR ANTICIPATORY BAIL .
    IN MY CASE MY WIFE HAS FILLED A FALSE DOWRY COMPLIANT . THE FIR IS STILL NOT LODDGED AGAINST ME AND MY FAMILY.

    WHAT STEPS I CAN TAKE TO SAVE MY FAMILY?

  9. 10 kalsia February 22, 2009 at 9:21 am

    sir,what kind of anticipatory bail

  10. 11 Raj March 22, 2009 at 5:38 pm

    A very bad family is living in our calony.
    My brother (Raghu) married girl of that family in Arya samaj mandir.
    He came to home after marriege with that girl.
    my parents accepetd , but after some time they left home
    and started to live sparetly.
    then my father declared that i hav no connection with my son by news paper and affidavit.
    after this they (Girls Family nd Girl) started tourching my brother.
    Then he left the rented house and sent a ragisterd letter to my father, police nd the family explaining reason of leaving home, about torchers of the family and seeking help . and after few days he filed divorce case against the girl.
    but They dint recive the courts letter for divorce
    nd lodged FIR after 1 month against My borther , father, mother , younger brother and my wife.
    under 498-A, 323 & 506
    she was (that Girl)living at home for last 2 months wid her family.
    but they showed in FIR that on 2 march 2009 she made to eat poison. and got certficate from some hospital and lodged FIR on 7th march. In that duration my wife was living with me, means in another city
    So pls tell me wat to do?

  11. 12 sunil March 30, 2009 at 10:05 am

    Is it possible to apply anticipatory bail against General Diary for 498 a in local police station

  12. 13 Prabhakara Rao RB April 4, 2009 at 3:21 am

    My only son is BTech/Mech with MBA at London. He got married a distant friend’s daughter with my consent. Result … They are batting with my family since 5 years. My daughter-in-law mother is doing real-estate business and having police links. We got a sweet baby but unable to enjot with baby.
    As per her mother’s advice My daughter in law with baby is staying with baby. She is working in Genpact.
    My wife is not having vision since 6 years and besides kidney transplanted. To minimise tensions my son is staying separately. We have planned for Divorce but 498a is their tool.
    Pl…advice me……
    We are job holders……….

  13. 14 jaggs April 11, 2009 at 6:09 pm

    Dear,
    pl. suggest if non bailable warrants issued and bail bond is canceled , but by error bail was not canceled in an court orders . and accused jump the bail twice and gone to abroad without taking permission from the court, in this case fir was lodged u/s 323,382,341,149,149 IPC and challan submitted only for 323,341 in the court. how we can get the accused arrested, please give some clue and if any citation

  14. 15 Parshu Ram August 1, 2009 at 9:57 am

    We all should gather and demands for amendment in this legal terrorism law IPC-498a. This is a family matter and not a terrorism attack tha without any proof we should go for jail on behalf of just a false complaint because wife is demanding to suck his buttock and throw his parent out from the house.

    I m predicting that one day the judges of supreme court and all the person who have made such a ridiculous, and killing innocent law , will go to the jail when their daughter-in-law lodge a false dowry case against them.

    It is right time to amend the act otherwise the culture of our India will not be survived. Ppl will think before marriage. and they always see each other with suspected eyes that one day his wife will lodge a false report if he does not fulfill his demand whether his wife is demanding unnatural demand.

  15. 16 anuj October 9, 2009 at 10:00 am

    my younger brother’s wife lodge false case against my family U/s 498a/323/406/506 & AB rejected by session judge gurgaon for all family members. now what is next move from our side pls help us..?

  16. 17 anuj October 9, 2009 at 10:03 am

    somebody told me surrender your younger brother and apply AB for your family members in high court chandigarh. bail defiantly guaranteed…. pls help me out from this hell situation

  17. 18 Kumar November 30, 2009 at 7:46 pm

    Dear Sir,
    Could you clarify 2 situations to me please?

    1) For a NRI who is residing outside India, when the wife goes back to India and files case against him. Is it mandatory for the person to go back to India to get anticipatory bail (AB)? Can he give Power of Attorney to his parents whilst he is outside India (parents in India)

    2) In similar situation, to obtain AB for his parents- should he come to India?

  18. 19 d tari k May 4, 2010 at 6:11 pm

    in sc and st cases possibility to take anticipatory bail or not give reply to me

  19. 20 Umesh June 17, 2010 at 11:31 am

    One of My Brother wife is filled a 498A case against entire family after she was told on her visit that Separation case ( She is leaving seprately for more than 6 Years without being in touch with groom family) is filled before the court in Ahmedabad,she immedaitely filed a maintenace case and latter she has also converted the Complain in Crime against women cell to Criminial offence.

    I seek our advice and solid suggestion how can i avoid the arrest of my ailing mother and unmarried sister,two brothers settled outside India.I want to know is it possible to legally avoid arrest on Medical ground or Anticipatory Bail.

    If possible to suggest the Procedure and expenses for the same.

    Hope you will revert back with concerete response

  20. 21 CorruptIndia July 26, 2010 at 11:12 pm

    The corruption that is 498A is not repealed by the Indian Parliament. Looks like the police are greasing the feminists and the parliament politicians nice and smooth.

  21. 22 Rajan August 13, 2010 at 3:01 pm

    Dear Sir,

    I am a central govt. officer and got married on Feb. 16th 2010 to woman who is an Asstt. Professor (Applied Chemistry) from Bhopal. Since the marriage took place very quickly both the parties could not understand each other well but after marriage the woman stated playing her game and her entire past came out to be a big bluff. She is in realtionship with a married man, an Engineer in the Bhopal Municipal corporation who has left her wife long back ago. He has kept her as her better half and provided a flat and full monetary support with all sought of facilites. This fact was well known to her family but it was not disclosed to me prior to marriage as she and her family was looking for a Marrriage Certficate. With his support she has now started living in Lucknow on her own. Moreover she defends her realtionship and speaks lot of lie.

    When i caught her with the suspicious activites she just said that he is everything for her and i am a dummy husband. she revealed that they have past 10 years of strong relationship and she cannot leave him, he being a wealthy man with very high political and adminstrative links.

    Please suggest how to get rid of her as she and her family threats for false implication in 498A and Dowry cases. I am really very much upset and in need of help.

    Rajan

  22. 23 Santhosh Jayanth September 1, 2010 at 5:05 pm

    hi sir/madam.
    Am Santhosh 4m B’lore & m Hindu. M pursuing LL.B in final year. I got married on May 30 (Arranged Marriage), till June 13 we had family functions. 4m 16 June my father-in-law, mother-in-law, my wife & there relatives started fight & arguing with me & my family. They have done it 3 times. They have given lodged a false miscellaneous complaint in Police Station against my parents & me on 10 july. Cops had cum to our place and they took my parents to station & i was in office that day. My father-in-law, mother-in-law have taken their daughter (My Wife) on the same day with them to their place. Till date her family nor she has called us & no one has turned up here (Our Place). Now my family & i need & we want a very solid & strong ideas & ways to b aware of them. I need “MUKTHI” 4m her & her family. Kindly advise & help me & my parents. Plz plz plz plz…………

    • 24 GAURAV March 10, 2011 at 3:57 pm

      u r a law student than why don to go for a divorce sec 13 n do ur full efforts to made single side judgement without being get notice in her.
      do this god will help u …..

  23. 25 Santhosh Jayanth October 6, 2010 at 1:14 pm

    hi sir/madam.
    I am Santhosh Jayanth from Bangalore. Married on 30 may 2010. My wife left my place & been to her parents place on July 10- 2010, by giving false statement in nearby station. My parents & me had been to station. After this, till date she has not turned up to my place. whenever i call her she refuses to come here & insults me with slang words & shouts on me. She says that her parents & she too will give notice if i call her & talk to her. They have done this too. They have a friend who is a cop, he calls me & my parents too. He says we are disturbing them & he will take serious action on us.
    So, I want divorce from my wife & i dont want to continue rest of my life with her. I want mukthi from her parents & her too. I am not able to think what to do. Myself & my parents are worried. Pls suggest me what to do & how to tackle with this people. I am waiting for your answer. Thank you

  24. 26 A October 27, 2010 at 9:34 pm

    Hi,
    Will you please put the non text PDF instead of above these PDFs. My name is appearing in google search. Also please remove the the name link information to “NRI AB Order 1″.
    I have requested you this many time. Now please remove it.

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  26. 28 Karan March 1, 2011 at 10:45 am

    hi Sir/Madam
    can you pls suggest me if bride family charged under dowry prohibition act 1961 and launched an FIR thn can Groom and his family apply for Aniti.Bail????

  27. 29 Karan March 1, 2011 at 10:49 am

    hi Sir/Madam

    can you pls suggest me if bride family charged under dowry prohibition act 1961 section 4 and 5 and launched an FIR thn can Groom and his family apply for Aniti.Bail????

  28. 30 Dilip Kumar April 14, 2011 at 7:20 am

    hi Sir/Madam,

    My self 33 year old working in New Delhi & my father is to be retired this april-11 month from punjab govt. I married in april-2009 in orissa my home town. About my family history my father is 2nd in out of four brothers. Now my grand father & mother is expires & all of them are separated now. As I mention my father is employee in Punjab govt so only our family get educated & get settle in chandigarh . We have now permanent residence, voter card and license & ration card at chandigarh. After my marriage at orissa my home town with an oriya girl we come to chandigarh. With in six month the girl start behaving illogically (separation from family, not supports with my family members, non cooking & working …etc) so I decide to sent her back to her home for learning in sep-09 & even I personally talk to my in-laws for that but they are not responded well with me .
    In jan-10 she along with her father & mother come to my house that now she will co-operate & runs your house properly. After one week stay of there in-laws they back to orissa. But same thing happens again even I take her to delhi for avoid house hold problems. But she is not in mood to settles down. So I finally send her back to her residence along with her brother in June-10. for higher study (during marriage she & there family ask us that girl is graduate & computer qualified, but after marriage come to know that graduation certificate is fake/duplicate & she having no enough knowledge in computers as well as academic) after that she never come to chandigarh or delhi till date. In jan-11 she call me that she don’t able to study, so you suit for divorce as I am residing in chandigarh so I suit a divorce at chandigarh court with non understanding in jan-11 now in replies of that she logged at FIR 498 against me & family members including the uncle’s at orriasa.
    Now they planed to harass me my father who is going to retire this month. My planning is to file for anticipatory bail in orissa (already file for that) & then meet police & there family member for mutely settlements.

    Kindly suggest I am on right path or suggest me for all legal complications in that.
    How to save my family members
    How to save my father harassing during retirement time & money

    Dilip Kumar

  29. 31 Qlugmwac September 23, 2011 at 6:44 am

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  30. 32 Nawab October 12, 2011 at 9:44 am

    According to Islamic law I have divorce my 2nd wife in front of 2 witness for adultery & bad charecters within 9 months of marriage. She have collected 4 months of maitenance & all other payments. Can u plz advise me what safety precautions v should take in order to be safe from any unexpected 498a harasments/ arrests to any family members in karnataka as i’m living in abroad. Can I apply for anticipatory bail with local police station perior to FIR or not necessary, plz advise sir. Nawabjaan3@gmail.com

  31. 34 jagan February 25, 2012 at 5:07 pm

    all girls who file 498A are prostitutes, never marry in such a family.

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  36. 39 An NRI December 21, 2013 at 12:15 am

    @blog owner,

    Can you please do a favor on me and remove these link with these comments? I have already asked you this before and asking it again because my name is appearing in the searches and I do not want it. I hope you will understand.

    I have already contacted the wordpress many times to remove it and they have directed me to you.

    Please remove it.


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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