Can anticipatory bail application be filed even before registration of First Information Report (FIR)


Yes, anticipatory bail application can be filed even before registration of FIR but there should be reasonable basis for apprehension of arrest. [Refer Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632 and Sushila Aggarwal & Ors. vs State (NCT of Delhi) & Anr, 2020 SCC OnLine SC 98]


 Relevant Legal Provisions:
  • Section 438 of the Code of Criminal Procedure Code, 1973

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