Answer By law4u team
Yes, anticipatory bail can be granted in non-bailable offences. Under the Bharatiya Nagarik Suraksha Sanhita, anticipatory bail is specifically meant for persons who apprehend arrest in non-bailable offences. Key points: Anticipatory bail applies only when there is fear of arrest in a non-bailable offence. It is granted before arrest by: Sessions Court, or High Court Court considers factors like: Nature and seriousness of the offence Evidence against the accused Possibility of absconding Risk of influencing witnesses or tampering evidence Need for custodial interrogation Important Supreme Court principle: In Gurbaksh Singh Sibbia v. State of Punjab, the Court held that anticipatory bail is a safeguard of personal liberty and should be decided based on facts of each case. Important clarification: Anticipatory bail is not usually needed for bailable offences because bail is already a right in such cases. It is mainly used in non-bailable offences where arrest is possible. Conclusion: Yes, anticipatory bail is specifically available and commonly used in non-bailable offences, depending on court discretion and case facts.
