Anticipatory bail is a pre-arrest remedy. A person who has reason to believe that they may be arrested for a non-bailable offence may approach the High Court or the Court of Session for a direction that, in the event of arrest, they be released on bail, subject to the court's discretion and any conditions imposed under law.
Who can seek anticipatory bail?
A person apprehending arrest on an accusation of a non-bailable offence may apply to the High Court or the Court of Session under Section 482 BNSS. The court may impose conditions such as cooperation with interrogation, refraining from influencing witnesses, and not leaving India without permission.
Section 482(4) BNSS excludes cases involving accusations under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. The precise remedy and filing requirements should therefore be checked against the alleged offences and applicable High Court or local criminal rules.
Sample Affidavit for Anticipatory Bail Application
Adapt the following specimen to the facts of the case, court rules, FIR/complaint particulars, offences alleged, and the contents of the accompanying anticipatory bail application.
IN THE COURT OF THE __________ AT __________
ANTICIPATORY BAIL APPLICATION NO. ____ OF 20__
IN THE MATTER OF:
[NAME OF APPLICANT]
Age: ____ years, Occupation: __________
Resident of: ____________________________
...APPLICANT
VERSUS
STATE OF __________ / [OTHER RESPONDENT, IF APPLICABLE]
...RESPONDENT
AFFIDAVIT
I, ________________________, aged about ____ years, son/daughter/wife of ________________________, residing at ________________________________________, do hereby solemnly affirm and state as follows:
1. I am the applicant in the accompanying anticipatory bail application and am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.
2. The accompanying application has been filed in connection with FIR/Crime/Complaint No. ____ dated __________, registered at __________ Police Station / pending before __________, for the alleged offences under Sections __________.
3. I apprehend arrest in connection with the above case and have therefore approached this Hon'ble Court seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, or such corresponding provision as may legally apply to the proceeding.
4. The facts stated in the accompanying anticipatory bail application are true and correct to my knowledge and belief, based on the record available to me.
5. I undertake to cooperate with the investigation and to make myself available for interrogation as and when lawfully required.
6. I undertake not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and not to tamper with evidence.
7. I undertake not to leave India without prior permission of the Court if such a condition is imposed, and to comply with every lawful condition that this Hon'ble Court may impose.
8. I state that the particulars relating to my residence, antecedents, previous cases, if any, and other material circumstances have been disclosed in the accompanying application truthfully and completely.
9. I respectfully submit that this affidavit may be read in support of the accompanying anticipatory bail application.
DEPONENT
VERIFICATION
I, the above-named deponent, verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my personal knowledge and/or based on records believed by me to be true, and that nothing material has been concealed.
Verified at __________ on this ____ day of __________, 20__.
DEPONENT
Points to check before filing
- Use the exact court title, case/FIR number, police station, alleged statutory provisions and party description.
- Ensure the affidavit matches the facts and grounds stated in the anticipatory bail application.
- Disclose relevant criminal antecedents, prior applications, interim orders and other material facts where required.
- Follow the applicable High Court, Sessions Court, e-filing, attestation, notarisation or oath requirements.
- Do not use the specimen as a substitute for case-specific legal advice.
Official law links
Legal note on old Section 438 CrPC references
The Code of Criminal Procedure, 1973 has been repealed by Section 531(1) BNSS. However, Section 531(2) contains savings for specified proceedings that were already pending immediately before the BNSS commenced. Accordingly, an older or saved matter may still require reference to Section 438 CrPC, while a current proceeding will ordinarily be examined under Section 482 BNSS.