An application for anticipatory bail can be filed in the High Court or the Court of Session under Section 438 of the Code of Criminal Procedure (CrPC), 1973. The High Court or the Court of Session has the power to grant anticipatory bail to a person who apprehends arrest in a non-bailable offense. The application for anticipatory bail can be filed by the person who fears arrest or detention in anticipation of being accused of a non-bailable offense. The application must contain details of the offense alleged to have been committed and the grounds on which the bail is being sought. The court may also require the applicant to furnish a bond or surety for a specified amount as a condition of granting anticipatory bail. It is important to note that anticipatory bail is not an absolute right and is granted at the discretion of the court based on the facts and circumstances of each case. The court may grant anticipatory bail subject to certain conditions or may reject the application if it finds that the allegations against the applicant are prima facie true and that the grant of bail would interfere with the investigation or the administration of justice.

Bail is a legal concept that allows a person accused of a crime to be released from custody while awaiting trial or other legal proceedings. It is a fundamental right enshrined in Article 21 of the Indian Constitution, which guarantees the right to personal liberty. Bail ensures that individuals are not unjustly detained before being proven guilty and allows them to prepare their defence adequately. In India, bail is governed by the (CrPC), which distinguishes between regular bail and anticipatory bail. Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested. To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail. Conditions that are taken into consideration by the court when granting anticipatory bail include, but are not limited to: The person will make him/herself available for interrogation by the police as and when required by them The individual shall not directly or indirectly  make any threat, promise or offer any bribe to any person who is connected to the case or knows        facts about the case, so as to keep them quiet or to get them to change their report of facts to the court or the police    An assurance that the person shall not leave India without prior permission from the court