Anticipatory bail is a direction issued by the Sessions Court or High Court that a person, upon arrest, shall be released on bail. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the framework has been retained with refinements.
Key factors the court considers include: (i) nature and gravity of accusation, (ii) antecedents of the applicant, (iii) possibility of the applicant fleeing justice, and (iv) whether the accusation appears to be intended to injure or humiliate. Approach counsel at the earliest — timing is often the difference between liberty and custody.