Yes, anticipatory bail can be granted for a non-bailable offense. In fact, anticipatory bail is specifically intended to protect individuals who fear arrest for a non-bailable offense. Under Section 438 of the Code of Criminal Procedure (CrPC), a person can apply for anticipatory bail if they have reason to believe that they may be arrested for a non-bailable offense. The court, after examining the facts and circumstances of the case, may grant anticipatory bail if it is satisfied that the person has a genuine apprehension of arrest, and that they deserve to be protected from the possibility of arrest. It is important to note that the grant of anticipatory bail is not an absolute right and is subject to the discretion of the court. The court may impose certain conditions while granting anticipatory bail, such as requiring the person to cooperate with the investigation, or to furnish a bond or surety for a specified amount. Additionally, if the person is subsequently arrested, they may need to apply for regular bail, and the court may consider their conduct while they were on anticipatory bail while deciding their regular bail application.
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