Comprehensive Guide on How to Apply for Anticipatory Bail in India for NRIs and Foreigners – 2: Step by Step Process to Obtain Anticipatory Bail in India | Top Eight Landmark Judgments & Case References on Anticipatory Bails | Top Five FAQs on Obtaining Anticipatory Bail in India in 2025
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Step-by-Step Process: How Foreign Nationals and NRIs can Apply for Anticipatory Bail in India
- Assess the need: If a person is against the threat that he will commit non-bailable offence (like award domestic violence fraud under BNS) then have any crime document certified in police station or is being framed in criminal charges then apply for anticipatory bail from any friend for legal help as soon as possible before arrest.
- Choosing the right Court: Sessions court: Apply for bail in the first session court after consulting the law or for bail under section 482 BNSS, which was earlier section 438 CrPC. Apply for cancellation of bail application from the High Court Sessions Court without any delay if the case is more serious, then apply for bail application directly from the first party in the High Court.
- Prepare the application: While preparing the anticipatory bail application, first of all, carefully include the correct details of the person, name, address and NRI foreigner certificate. If possible, include the crime recorded in the application. If there is any basis for arrest or suspicion, such as a family property dispute, then enter it clearly and correctly. If you have any supporting documents to seek anticipatory bail, such as emails, travel records, messages, call records, payment transaction records, then show your willingness to cooperate fully with the police investigation to avoid cases of falsehood and give full consent to follow the conditions given in the bail.
- Notice and hearing: The court issues notice to the public prosecutor and then to the police of the area. Both parties present their arguments before the court, in which the defence argues that arrest is not necessary in this case and he is being falsely implicated. Despite this, he will neither tamper with any evidence nor voluntarily follow the rules and conditions of the court and will fully cooperate in the investigation and will not run away.
- Court’s decision:The court, while hearing the case, can grant anticipatory bail with its conditions like surrendering the passport, cooperating fully in the investigation, taking permission before leaving India, etc., as per the discretion of the court. You cannot be arrested until you comply with these conditions after getting justice.
Some key points for a strong anticipatory bail:
● Clarity and detail: Explain the apprehension of arrest in clear and simple language with facts.
● Documentary support: For your defence, attach your travel details, WhatsApp chats, etc, as per legal advice, so that the court is satisfied and grants anticipatory bail.
● Willingness to cooperate in the investigation: Through an affidavit in the court that you will fully cooperate in the investigation and will fully comply with all the conditions of the court.
Top Eight Landmark and Recent Cases on Anticipatory Bail:
Gurbaksh Singh Sibbia v State of Punjab 1980
The Supreme Court, in its landmark judgment, held that anticipatory bail is a discretionary measure which should always be granted by the court without considering the nature and gravity of the offence and its background and the possibility of escape from justice.
Arnesh Kumar vs State of Bihar, 2014
In this case, the Hon’ble Supreme Court held that in domestic violence disputes between husband and wife, the police should arrest only if necessary. The Court warned the NRI/foreigner that if such false, fabricated allegations are made against him, he can save himself by filing an application for anticipatory bail, which NRIs and foreigners always do to save themselves in such cases.
Rakesh Kumar vs State 2025 DHC
The Hon’ble Delhi High Court, while hearing this case, interpreted Section 482 BNSS and said that NRIs/foreigners can participate in the hearing through virtual online technology facilities unless the court asks them to appear in court in person. There is no need to come to India repeatedly for this. This saves both time and money.
Satendra Kumar Antil vs CBI (2022)
The Supreme Court, while delivering its judgment in the case, acknowledged that immediate arrest is not required in every case. It was made clear to the trial court that the courts should grant anticipatory bail as well as bail at the initial stage of the hearing after looking into the nature and background for bail, so that people do not have to remain in jail unnecessarily. When he accepts before the court that he will fully cooperate in the investigation and is ready to follow the conditions given.
Sushila Agarwal v State (NCT of Delhi), (2020) 5 SCC
The Supreme Court, while granting anticipatory bail to NRIs/foreigners, made it clear that there is no fixed time limit for anticipatory bail till the court passes an order or judgment. Till then, the trial continues, and the bail conditions are safe as long as they are not violated. It can be revoked only under special circumstances, such as tampering with evidence, threatening a person, or not cooperating in the investigation.
P. Chidambaram vs Enforcement Directorate, (2019) 9 SCC 24, on hearing the matter, the Hon’ble Supreme Court said that economic crimes are serious cases that are related to a high-profile financial transaction. In which there is strong evidence and thorough investigation, if anticipatory bail is granted in such a case, then the evidence may be tampered with, and the investigation may be affected. While granting bail in these cases, the court should also keep in mind the gravity of the crime and the need for investigation.
State of Maharashtra v. Kiran Shinde, 2025 INSC 1042
Recently the Hon’ble Supreme Court has held that anticipatory bail can be granted even if the offence is serious and cannot be withheld merely on the based on the sections provided the accused is willing to cooperate in the investigation and does not try to flee or tamper with evidence and follows the rules and guidelines of the court.
Rohit Tandon v. Enforcement Directorate, (2018) 11 SCC 46
The Hon’ble Supreme Court held that economic offences are not ordinary crimes. In a serious case like economic fraud, the court should take a very careful decision while granting anticipatory bail to the offender. Because crimes in such cases have a bad impact on both society and the economy.
Key Takeaways
● Anticipatory bail is a crucial legal remedy for NRIs and foreigners facing criminal complaints in India.
● The legal framework has changed: Section 438 CrPC is now Section 482 BNSS, and IPC offences are now under BNS.
● Courts have modernised procedures in 2025, allowing remote participation and e-filing.
● Landmark and recent judgments provide clarity on the duration, conditions, and scope of anticipatory bail.
● A well-prepared, fact-based application, supported by documentation, significantly improves the chances of success.
Case References:
● Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
● Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
● Rakesh Kumar v. State, 2025 DHC 1221
● Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51
● Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1
● P. Chidambaram v. Directorate of Enforcement, (2019) 9 SCC 24
● State of Maharashtra v. Kiran Shinde, 2025 INSC 1042
● Rohit Tandon v. Directorate of Enforcement, (2018) 11 SCC 46
Top Five Frequently Asked Questions
How long does anticipatory bail last in India?
As per Sushila Aggarwal (2020), anticipatory bail generally lasts until the conclusion of the trial unless the court specifies otherwise. This principle continues under Section 482 BNSS.
What are the conditions for anticipatory bail?
Courts may require the applicant to:
● Surrender passport
● Appear for investigation as required
● Do not tamper with evidence or influence witnesses
● Do not leave India without court permission
Can anticipatory bail be cancelled?
Yes. If the accused violates any conditions or is found to have misled the court, the prosecution can seek cancellation of bail (Gurbaksh Singh Sibbia, 1980).
Is anticipatory bail available for all offences?
It is not available for offences under certain special laws (e.g., Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, now under BNS). Courts also exercise greater caution in granting bail for serious offences.
Can NRIs file for anticipatory bail from abroad?
Yes. With e-filing and virtual hearings, NRIs and foreigners can initiate the process and participate in hearings remotely, though personal presence may be required at later stages.
Practical Tips for NRIs and Foreigners
● Monitor Legal Notices: Stay alert to any legal notices, FIRs, or complaints involving your name.
● Maintain Documentation: Keep records of all relevant communications and travel documents.
● Understand Local Jurisdiction: Apply to the court with jurisdiction over the alleged offence.
Conclusion
The process of anticipatory bail in India in 2025 has become a little less complicated and easier, especially for NRIs/foreigners. If the facts of the case are presented in detail through virtual technology, then NRIs/foreigners who are afraid of arrest based on the court’s deliberation can get relief. Due to this, the legal framework of India is also developing, and it is the best way to protect the life, liberty, and dignity of NRIs/foreigners like others. If a person follows the rules of law, then they get complete freedom.
According to the court, a person is arrested without any reason. If he is ready to cooperate in the investigation, then arresting him is a violation of his fundamental rights. Anticipatory bail is a way by which a person can protect their honour, freedom, and future by following the right documents and law.
Authored by: Adv. Anant Sharma (Connect on Linkedin)
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