The only provision in the Criminal Procedure Code under which anticipatory bail can be granted is Section 438 and this section specifically lays down that: “Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail…”.
Thus, it is quite clear from it that anticipatory bail can be granted only in respect of non-bailable offences. There is no provision for grant of anticipatory bail in bailable offences.
In fact, there is no need for seeking anticipatory bail in a bailable offence for the simple reason is that bail is a matter of right in a bailable offence and you’ll in any case get bail in a bailable offence on being arrested. So, why should there be a provision for anticipatory bail in a bailable offence? Not needed.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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