(1) When any person has reason to believe that he may be arrested on an
accusation of having committed a non-bailable offence, he may apply to the High Court or
the Court of Session for a direction under this section; and that Court may, if it thinks fit,
direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under
sub-section (1), it may include such conditions in such directions in the light of the facts of
the particular case, as it may think fit, including—
(i) a condition that the person shall make himself available for interrogation by
a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous
permission of the Court;
(iv) such other condition as may be imposed under sub-section (3) of
section 482, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a
police station on such accusation, and is prepared either at the time of arrest or at any time
while in the custody of such officer to give bail, he shall be released on bail; and if a
Magistrate taking cognizance of such offence decides that a warrant should be issued in
the first instance against that person, he shall issue a bailable warrant in conformity with the
direction of the Court under sub-section (1).
(4) Nothing in this section shall apply to any case involving the arrest of any person
on accusation of having committed an offence under sub-section (2) of section 64 or
section 66 or section 70 of the Bharatiya Nyaya Sanhita, 2023.
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