Which one of the following statements is not correct? Anticipatory bail may be granted
Verified Answer
A. subject to the limitations imposed by section 437
B. on making out a special case
C. on possibility of accusation of non-bailable offence
D. where a case has been registered against the petitioner
Explanation:
Anticipatory bail under Section 438 of the CrPC is granted when a person has reason to believe that they may be arrested on an accusation of having committed a non-bailable offence. This apprehension of arrest can arise even before a formal case (FIR) has been registered against the petitioner. Therefore, stating that anticipatory bail may be granted *only* where a case has been registered is not entirely correct, as it can be sought based on a credible apprehension of arrest even without a formal registration.