Anticipatory Bail Should Be Granted in Exceptional Cases, Says Delhi High Court

July 7, 2025: The Delhi High Court has reaffirmed that anticipatory bail is not a matter of right and should be granted only in exceptional circumstances, especially where it is evident that the accused may be falsely implicated or where there is no likelihood of them fleeing or tampering with evidence.

The court made this observation while hearing a plea for pre-arrest bail, emphasizing that the power under Section 438 of the CrPC (Code of Criminal Procedure) must be exercised with caution and discretion. The court noted that granting anticipatory bail routinely could undermine the investigative process and embolden those accused of serious crimes.

“Anticipatory bail should not be used as a shield for offenders, but as a safeguard against misuse of law,” the bench stated, adding that each case must be judged on its individual merits and facts.

The court further stressed that mere apprehension of arrest is not sufficient ground for anticipatory bail unless backed by credible reasons suggesting potential misuse of power by authorities.

This ruling is expected to serve as a guiding precedent for lower courts and reinforce judicial caution in pre-arrest bail matters.