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.

Disha Rojhe

Recent Posts

Single’s Inferno Season 5 Contestant Faces Backlash After Emotional Showdown

As the Single's Inferno Season 5 finale approaches on February 10, 2026, the island has…

1 minute ago

‘A Big Win’: US Trade Rep Jamieson Greer Reveals India to Slash Tariffs to Zero on 99% of American Goods

trade agreement as a transformative moment for American exporters. While the formal legal text is…

26 minutes ago

‘No Reason to Believe Indian Friends Changed’: Russia Hits Back at Trump’s ‘Oil Ban’ Claim

Days after US President Donald Trump claimed that India had agreed to halt its oil…

51 minutes ago

T20 World Cup 2026: Pakistan PM Shehbaz Sharif Confirms Boycott of Blockbuster India Clash

In a major blow to the ICC Men’s T20 World Cup 2026, Pakistan Prime Minister…

1 hour ago

Ishaan Tharoor Laid Off From The Washington Post in Massive Newsroom Cull

On February 4, 2026, in what is being described as one of the "darkest days"…

2 hours ago

Mirzapur Movie Release Date and Gritty First Poster Officially Unveiled

The wait is over for the fans of Purvanchal’s most notorious throne. Excel Entertainment has…

2 hours ago