It is not possible for me to advise you correctly on your facts, without actually having seen the full records of the case.
But, generally speaking, anticipatory bail can be granted in a case under Sections 420 and 409 IPC. The court has the power in this regard. But, whether or not it will actually be granted will depend upon the facts of each case. However, if the accused has been shown to be absconding for several years, it may become difficult to get anticipatory bail.
In your fact situation, since you are hesitant to surrender fearing custody, you may try for anticipatory bail. If it is rejected, you may still have the option for applying for regular bail after surrender / arrest. Anticipatory bail may be tried either before the Sessions Court or the high court. Preferably you may first approach the Sessions Court, and thereafter, if needed and if so advised, you may approach the high court, for getting anticipatory bail.
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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