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Pankaj kumar kakasiya   29 April 2022

anticipatory bail

can we applied for anticipatory bail before an FIR


 8 Replies

Priyanka Dunna   29 April 2022


Anticipatory bail is a protection prior to arrest. This type of bail protects a person from arrest. According to section 438 of the criminal procedure code,1973 anticipatory bail can be granted to a person.

A magistrate or trial court can grant Anticipatory bail under section 437 of the criminal procedure code,1973.




Pradipta Nath (Advocate)     29 April 2022

A magistrate court cannot grant anticipatory bail. You can file anticipatory bail if you apprehends an arrest, therefore registration of FIR is immaterial.

G.L.N. Prasad (Retired employee.)     30 April 2022

Mere genuine suspicion or doubts on facts and circumstances for a possibility of arrest is enough to apply for anticipatory bails.  FIR need not be registered but such a threat on facts is enough to apply for AB.  Ultimately applying is not barred, convincing the court is the issue.

1 Like

Kishor Mehta (CEO)     30 April 2022

Usually Courts do not grant anticipatory bail unless an F.I.R. is issued. Mere suspicion of F.I.R. or police action is not enough to apply for an anticipatory bail.

2 Like

Dr J C Vashista (Advocate)     01 May 2022

Anticipatory bail can be considered by Court of Sessions or High Court on filing of FIR.

Magistrate has no powers to entertain anticipatory bail u/s 438 Cr PC.

I fully agree, endorse and appreciate the opinion and advise of experts Mr. Pradipta Nath and Mr. Kishor Mehta but respectully differ with Ms. Priyanka Dunna and Mr. GLN Prasad since before registration of FIR appplication for anticipatory bailit is premature shall not  be considered.  


1 Like

Alok Tiwari   01 May 2022

An magistrate court can not grant Anticepatory order u/s 438 as it can file ether in Session Or High court.

Gagandeep Goel (Advocate)     03 May 2022

The concept of anticipatory bail is based upon an apprehension of arrest by the local police. Anticipatory bail can be applied even before the registration of a fir and the only Thing which needs to be taken c/o. is that you need to mention any anticipatory bail petition that you are apprehending arrest by the local police.

The anticipatory bail can only be granted by the Sessions court or high court under section 438 Cr.P.C. and in exceptional cases under article 136 by way of special leave by the Hon'ble Supreme Court. 

The local magistrate court does not have any jurisdiction to entertain and try any application for anticipatory bail.



Gagandeep Goel, Adv

987 220 6969, 88173 00001.

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Mahi Manchanda   24 May 2022

Anticipatory bail is usually filed post an FIR has been filed against an individual to prevent arrest in the future for a specific reason. But, if there is sufficient apprehension, the court may grant anticipatory bail before the filing of an FIR

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