Regular bail is applied for after a person has been arrested and is in custody, while anticipatory bail is sought before arrest when you anticipate being arrested. Anticipatory bail is a preventive measure that protects you from arrest in the first place, whereas regular bail seeks release after arrest has already occurred.

Anticipatory bail remains valid during the investigation phase and can extend until the filing of a chargesheet or even during trial, depending on the court’s order. Some courts grant anticipatory bail for a specific period, while others grant it without time limits. The Supreme Court has ruled that anticipatory bail can continue even after the chargesheet is filed, though this depends on individual case circumstances.

Yes, anticipatory bail can be rejected if the court believes the allegations are serious, there’s evidence of your involvement, or you may tamper with evidence or flee. If rejected at the Sessions Court, you can appeal to the High Court. If rejected by the High Court, you can approach the Supreme Court. If all anticipatory bail applications are rejected and you’re arrested, you can then apply for regular bail.

Common conditions include: appearing before the investigating officer as and when required, cooperating with the investigation, not leaving the country without court permission, not contacting or threatening witnesses, not tampering with evidence, and providing a personal or surety bond. The specific conditions vary based on the nature of the case and court’s discretion.

Anticipatory bail is generally not granted in cases involving serious offenses such as: accusations of committing acts affecting the sovereignty of India, serious economic offenses with substantial evidence, crimes against women where evidence is strong (rape, acid attacks), offenses under the Prevention of Money Laundering Act (PMLA), certain offenses under the Narcotic Drugs and Psychotropic Substances Act (NDPS), and terrorism-related charges. However, each case is evaluated on its individual merits.

The cost includes legal fees for drafting and court representation, which varies based on case complexity and court level (Sessions Court to Supreme Court). You typically don’t pay a “bail amount” for anticipatory bail, but the court may require a personal bond or surety bond as a guarantee of your appearance when required. Court fees for filing are nominal. Our team provides transparent pricing during initial consultation.