Where Can You Apply for Anticipatory Bail in India?
Anticipatory bail is a legal provision under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 that allows a person to seek protection from arrest before being taken into custody. If a person has a reasonable apprehension of arrest in a non-bailable offense, they can apply for anticipatory bail at specific courts, depending on the stage of their case.
1. Courts Where Anticipatory Bail Can Be Applied
A person can apply for anticipatory bail in the following courts:
(A) Sessions Court (District & Sessions Court)
- The Sessions Court is the first court where a person can apply for anticipatory bail.
- The bail application is filed before the Sessions Judge in the district where the alleged offense was committed or where the FIR has been registered.
👉 Why apply here first?
The Sessions Court is the lower court and is the primary court to handle anticipatory bail applications before approaching higher courts.
💡 What happens if Sessions Court rejects the bail?
- If the Sessions Court rejects the anticipatory bail application, the person can approach the High Court for relief.
(B) High Court
- If the Sessions Court denies anticipatory bail, the person can approach the High Court of the respective state.
- The High Court has wider discretionary powers and can grant anticipatory bail under reasonable conditions.
👉 Why apply here?
- The High Court has the power to grant bail even if the Sessions Court has rejected it.
- In cases of serious offenses or political/legal sensitivity, the High Court can consider anticipatory bail directly.
💡 What happens if the High Court also rejects the bail?
- If the High Court rejects the anticipatory bail, the person can file an appeal in the Supreme Court as a last resort.
(C) Supreme Court (Last Option)
- If both Sessions Court and High Court deny anticipatory bail, the person can approach the Supreme Court of India under Article 136 of the Constitution (Special Leave Petition – SLP).
- The Supreme Court intervenes only in exceptional cases, such as:
- Violation of fundamental rights
- If the case involves a serious legal question
- If there is a miscarriage of justice
👉 Why apply here?
- If all lower courts reject anticipatory bail, the Supreme Court is the final authority to grant relief.
💡 What happens if the Supreme Court also rejects the bail?
- If the Supreme Court denies anticipatory bail, the person may be arrested by the police and will have to apply for regular bail after arrest.
2. Which Court Should You Approach First?
✅ General Rule:
- First, apply for anticipatory bail in the Sessions Court.
- If rejected, approach the High Court.
- If rejected again, approach the Supreme Court (only in exceptional cases).
✅ Exception:
- In high-profile or sensitive cases, you can directly apply to the High Court instead of the Sessions Court.
- If multiple FIRs are filed in different states, the Supreme Court can be approached directly for anticipatory bail.
3. Jurisdiction: Where to File Anticipatory Bail?
The jurisdiction of anticipatory bail depends on:
(A) Place Where FIR is Registered
- The Sessions Court of the district where the FIR is filed is the first court to approach.
(B) Place of Alleged Offense
- If no FIR is filed, but a person anticipates arrest, they should apply for bail in the Sessions Court of the area where the alleged offense occurred.
(C) Multiple FIRs in Different States
- If multiple FIRs are filed against the same person in different states, the accused can approach the Supreme Court to get anticipatory bail applicable across India.
4. Procedure to Apply for Anticipatory Bail in Different Courts
Step 1: Draft the Anticipatory Bail Application
- The application must contain:
- Details of the FIR (if any)
- Grounds for apprehension of arrest
- Justification for seeking anticipatory bail
- Any relevant supporting documents
- Undertaking to cooperate with the investigation
Step 2: File the Application in the Appropriate Court
- File the application in the Sessions Court first (except in exceptional cases where you can apply to the High Court directly).
Step 3: Hearing in Court
- The court hears the matter and may issue a notice to the prosecution (police/state) to present their argument.
Step 4: Court’s Decision
- The court can either:
✅ Grant anticipatory bail (with conditions).
❌ Reject the bail, after which the person must apply to a higher court.
5. Can Anticipatory Bail Be Applied for in Any Court?
❌ No, a person cannot apply for anticipatory bail in just any court.
✅ The application must be made to a Sessions Court or High Court in the relevant jurisdiction.
For example:
- If an FIR is registered in Mumbai, the anticipatory bail application must be filed in the Sessions Court in Mumbai first.
- If rejected, then in the Bombay High Court.
6. Can Police Grant Anticipatory Bail?
❌ No, the police cannot grant anticipatory bail. Only a Sessions Court, High Court, or Supreme Court has the power to grant anticipatory bail under Section 482 of BNSS.
7. What Happens After Getting Anticipatory Bail?
- If the court grants anticipatory bail, the person is protected from arrest.
- The court may impose conditions such as:
✅ Cooperating with the investigation
✅ Not leaving the country without permission
✅ Providing surety or personal bond
✅ Not influencing witnesses
If these conditions are violated, bail can be canceled.
8. Key Takeaways
✔ Apply for anticipatory bail in the Sessions Court first.
✔ If rejected, move to the High Court and then to the Supreme Court (if necessary).
✔ Jurisdiction matters – apply where the FIR is registered or where the offense occurred.
✔ The police cannot grant anticipatory bail – only courts have the power.
✔ If granted, strict conditions may be imposed, and violation may lead to cancellation of bail.
FAQs on Where to Apply for Anticipatory Bail
❓ Can I directly apply to the High Court for anticipatory bail?
✅ Yes, but only in exceptional cases. Otherwise, you must apply to the Sessions Court first.
❓ What if multiple FIRs are filed in different states?
✅ You can approach the Supreme Court for protection from arrest across India.
❓ Can I apply for anticipatory bail before an FIR is registered?
✅ Yes, if you have a strong apprehension of arrest based on a complaint or police inquiry.
❓ What if the High Court rejects anticipatory bail?
✅ You can approach the Supreme Court, but only in rare circumstances.
❓ Can I apply for anticipatory bail if I am already arrested?
❌ No, once arrested, only regular bail can be applied for.
Final Words
Anticipatory bail is a crucial safeguard against arbitrary arrest in non-bailable offenses. Understanding where and how to apply for it ensures you follow the correct legal procedure and improve your chances of securing relief.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304