Answer By law4u team
No, anticipatory bail is not available in all criminal cases in India. Under the Bharatiya Nagarik Suraksha Sanhita, anticipatory bail is a discretionary relief granted by the Sessions Court or High Court, and it depends on the facts and seriousness of the offence. Where anticipatory bail is generally available: Most non-bailable offences Cases involving false implication or private disputes Economic offences (in some cases) Cybercrime cases (depending on facts) Where it may be restricted or rarely granted: Serious offences like murder, rape, terrorism Cases requiring custodial interrogation Heinous crimes affecting society at large Cases under special statutes with stricter conditions (in some situations) Important factors courts consider: Gravity of the offence Role of the accused Evidence available Chances of absconding Risk of tampering with evidence or witnesses Important Supreme Court principle: In Gurbaksh Singh Sibbia v. State of Punjab, the Court held that anticipatory bail is not limited by rigid rules but must be decided case-by-case. Conclusion: Anticipatory bail is not available in every criminal case, but only where the court finds it appropriate based on facts, nature of offence, and justice considerations.
