Anticipatory bail in India, governed by Section 438 of the CrPC, allows a person to seek bail before arrest if there is a reasonable apprehension of being accused of a non-bailable offense. Applications can be made to the Sessions Court or High Court, and the court considers factors like the nature of the accusation, the applicant's criminal history, and the possibility of fleeing justice.
The court may impose conditions, such as cooperation with the investigation, non-interference with witnesses, and restrictions on leaving the country. However, anticipatory bail is generally not granted for serious offenses like murder, rape, or under the SC/ST Act, 1989.
Landmark judgments like Gurbaksh Singh Sibbia v. State of Punjab (1980) and Sushila Aggarwal v. State (2020) emphasized that anticipatory bail should protect personal liberty and can be extended based on the circumstances, with no fixed time limit.
