Anticipatory bail Anticipatory bail is a legal provision that allows a person to seek bail before being arrested for a non-bailable offence. It is a direction from the Sessions Court or the High Court to release the person on bail in case of arrest. Anticipatory bail is different from regular bail, which is granted after the person has been arrested. Anticipatory bail is granted under section 438 of the Code of Criminal Procedure, 1973, which was introduced to protect the personal liberty of the accused and the presumption of innocence. A person can apply for anticipatory bail if he has reason to believe that he may be arrested for committing a non-bailable offence. While granting anticipatory bail, the court may impose certain conditions, such as reporting at the police station, co-operating in the investigation, not tampering with the evidence or witnesses, etc. Anticipatory bail is not a matter of right, but a discretionary power of the court. The court may consider various factors before granting anticipatory bail, such as the nature and gravity of the offence, the role of the accused, the likelihood of fleeing from justice, the likelihood of influencing the investigation, etc. Anticipatory bail can be canceled by the court if the accused violates any condition imposed by the court or there are new grounds for cancellation. Anticipatory bail is related to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. Anticipatory bail is a safeguard against arbitrary and unjustified arrest which may violate the dignity and liberty of the individual. Anticipatory bail also ensures that the accused can prepare his defense without being harassed or humiliated while in custody. I hope this answer helped you to understand what is anticipatory bail. If you have any other questions, please feel free to ask me.