Anticipatory Bail in Delhi: Which Court, and When

An application for anticipatory bail under Section 482 of the BNSS (earlier Section 438 CrPC) is a pre-arrest remedy. It is available only where there is a reasonable apprehension of arrest in a non-bailable offence, and it is refused as often as it is granted — usually on the strength of the material placed before the court.

Which Court to Approach

Both the Court of Session and the High Court have concurrent jurisdiction. In practice, in Delhi the application is ordinarily moved first before the Sessions Court having jurisdiction over the police station where the FIR is registered — at Tis Hazari, Karkardooma, Patiala House, Saket, Rohini or Dwarka. The High Court of Delhi is approached where the Sessions Court has declined relief, or where the nature of the offence or the agency involved makes it the appropriate forum.

What the Application Must Establish

• A reasonable apprehension of arrest founded on concrete material — a registered FIR, a notice, a summons, or specific and credible information — and not a vague or generalised fear.
• The nature of the accusation and the applicant's answer to it, stated plainly rather than argumentatively.
• Antecedents — the absence of previous involvement, or a candid disclosure where there is any.
• Cooperation — a willingness to join and assist the investigation, and readiness to abide by conditions the court imposes.
• Absence of flight risk — roots in the community, residence, employment and family circumstances.

How the Application Proceeds

Interim protection is frequently sought at the first hearing and, where granted, operates until the application is decided. That interim order is often the most consequential moment in the proceeding.

Conditions Commonly Imposed

• Joining the investigation as and when required by the investigating officer.
• Not tampering with evidence or influencing or threatening any witness.
• Not leaving the country, or the jurisdiction, without the court's permission, and in some matters surrender of the passport.
• Furnishing a personal bond with one or two sureties of a specified amount.
• Providing a current address and telephone number and reporting any change.

Offences Where the Remedy Is Restricted

Certain statutes restrict or exclude anticipatory bail, and others impose additional conditions before it can be granted — for instance the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicable statute must therefore be identified before the forum is chosen.