Anticipatory bail, provided under Section 438 of the CrPC (now Section 482 BNSS), allows a person to seek bail in anticipation of an arrest. It is one of the most important protections available to an accused.
Any person who has reason to believe that they may be arrested for a non-bailable offence can apply for anticipatory bail. You do not need to wait until arrest — in fact, applying early is crucial.
You may approach the Sessions Court (District Court) first, and the Punjab & Haryana High Court if the Sessions Court rejects the application, or in cases of urgency.
The court considers the nature and gravity of the accusation, antecedents of the applicant, possibility of the applicant fleeing justice, and whether the accusation is made to humiliate or injure the person. Time is critical — once arrested, you can only apply for regular bail, a different and often slower process. Contact your advocate the moment you apprehend arrest.