apprehension of arrest

Mere issuance of summons
Case BriefsHigh Courts

“In a complaint case involving accusation of a non-bailable offence, anticipatory bail is not maintainable upon the issuance of a summons, as there is no apprehension of arrest by the police without warrant.”

delhi high court
Case BriefsHigh Courts

It is based upon the discretion of the applicant which Court they want to approach since both the Court, namely, High Court and Court of Sessions, have concurrent jurisdiction and the same cannot be restricted by construing the provision of Section 438 of CrPC narrowly.