Short answer: Apply under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordinarily first to the Sessions Court and, if needed, to the Allahabad High Court. The Allahabad High Court has held that the old UP-specific bars on anticipatory bail did not survive the BNSS. Whether the High Court may be approached directly is now before a three-judge bench of the Supreme Court, which reserved judgment on 8 October 2026.
The law in UP
Anticipatory bail was omitted in Uttar Pradesh by a 1976 State amendment and restored with effect from 6 June 2019. The State amendment barred it for certain offences, including those punishable with death or life imprisonment. Since 1 July 2024, Section 482 BNSS governs. In Abdul Hameed v. State of U.P. (reported 4 July 2025), Justice Chandra Dhari Singh held that the UP bar was not carried into Section 482 and that its omission was a conscious legislative decision. In Raman Sahni v. State of U.P. (reported 30 May 2025), Justice Shree Prakash Singh held the UP restrictions, including for Gangsters Act cases, impliedly repealed.
Section 482(4) BNSS excludes anticipatory bail for offences under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita. Courts usually impose conditions such as availability for interrogation and not leaving India without permission.
Sessions Court or High Court?
In Ankit Bharti v. State of U.P. (2020), a five-judge bench of the Allahabad High Court held that the Sessions Court and High Court have concurrent jurisdiction, but an applicant who goes directly to the High Court must show special circumstances for doing so.
Nationally, the question is pending. In Mohammed Rasal C v. State of Kerala, a bench of Justices Vikram Nath and Sandeep Mehta referred it to three judges on 12 November 2025. A bench of Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh reserved judgment on 8 October 2026. The amicus suggested direct access only in exceptional cases, such as where the applicant lives outside the district or there is a medical emergency.
What the court looks at
Courts consider the nature of the accusation, the material collected, the applicant’s antecedents, the risk of absconding or tampering, and whether custodial interrogation is genuinely needed. In business disputes, documents showing the transaction was commercial and that the applicant has cooperated often carry weight.
Related questions
Is anticipatory bail available in UP for serious offences now?
The Allahabad High Court has held that the UP bar on offences punishable with death or life imprisonment did not survive the BNSS. The court still decides each application on its merits.
Can I file a second anticipatory bail application?
In Abdul Hameed the High Court allowed a second application because the first was rejected on maintainability and the law had changed. A repeat application generally needs a real change in circumstances.
Do I have to go to the Sessions Court first?
Under Ankit Bharti, going directly to the High Court requires special circumstances. The Supreme Court’s pending decision in Mohammed Rasal may settle the national position.
Which offences are excluded under Section 482 BNSS?
Section 482(4) excludes offences under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita.
Practical points
- Obtain the FIR or complaint and identify the exact offences alleged.
- Prepare documents showing the nature of the transaction and your cooperation with any notice.
- File first in the Sessions Court unless there is a clear special circumstance for the High Court.
- Comply strictly with any conditions imposed, including travel restrictions.
- Watch for the Supreme Court’s decision in Mohammed Rasal on direct High Court filings.
Sources: LiveLaw, 8 Oct 2026; LiveLaw, 4 Mar 2020; LiveLaw, 4 Jul 2025; SCC Online Blog, 13 Jun 2019.
For a confidential discussion on anticipatory bail in Uttar Pradesh, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
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