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AnsweredFeaturedCriminal Law
Can I get anticipatory bail for a non-bailable offence?
Asked by Ananya Sharma28 May 20255,670 views
I have received a notice that an FIR may be filed against me for a non-bailable offence. Can I apply for anticipatory bail under Section 438 CrPC? What are the chances of getting it granted?
anticipatory bailcrpccriminal law
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A
Answered 29 May 2025
Yes, you can apply for anticipatory bail under Section 438 CrPC even for non-bailable offences. The court will consider factors like the nature and gravity of the offence, your criminal record (if any), flight risk, and the possibility of evidence tampering. It's advisable to apply as soon as you have reason to believe arrest is imminent.
15 upvotes
A
Adv. Amit Kumar ChaudharyView Profile
Answered 30 May 2025I would add that the filing of an FIR is not a prerequisite for filing an anticipatory bail application. You can file it even before the FIR is registered. The Sessions Court or High Court has jurisdiction. However, for economic offences and serious crimes, courts are more reluctant.
10 upvotes