An application for anticipatory bail can be filed in the High Court or the Court of Session under Section 438 of the Code of Criminal Procedure (CrPC), 1973. The High Court or the Court of Session has the power to grant anticipatory bail to a person who apprehends arrest in a non-bailable offense. The application for anticipatory bail can be filed by the person who fears arrest or detention in anticipation of being accused of a non-bailable offense. The application must contain details of the offense alleged to have been committed and the grounds on which the bail is being sought. The court may also require the applicant to furnish a bond or surety for a specified amount as a condition of granting anticipatory bail. It is important to note that anticipatory bail is not an absolute right and is granted at the discretion of the court based on the facts and circumstances of each case. The court may grant anticipatory bail subject to certain conditions or may reject the application if it finds that the allegations against the applicant are prima facie true and that the grant of bail would interfere with the investigation or the administration of justice.
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