What is Anticipatory Bail and When Can You Apply?

Anticipatory bail is a protective remedy to safeguard individuals from arrest in cases where they fear being falsely implicated. I’ve filed dozens of such applications in complex matrimonial, business, and property disputes.

Who Should Approach Me?

Anyone who believes they may be arrested in a criminal case—whether you’ve received a police notice, or are involved in a dispute that may escalate—should speak to me.

What Is It?

1. Anticipatory Bail Under Section 438 CrPC:

It allows you to avoid arrest by securing a bail order before the police can detain you.

2. When Should You Apply?

Some examples include:

• After receiving police summons or informal notice of a complaint
• If you suspect your name is about to be added in an FIR

3. What Does the Court Consider?

• Nature of the offence
• Past criminal record (if any)
• Whether the accusation appears prima facie malicious
• Risk of tampering with evidence or influencing witnesses

Case Example:

A man contacted me after his estranged wife threatened a 498A case. We gathered prior call records, family settlement letters, and applied for anticipatory bail, which was granted with minor conditions.

Legal Outcome:

I prepare anticipatory bail petitions with complete documentary support and offer representation in both Sessions and High Court hearings. Once bail is granted, it protects you throughout the investigation.