Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, a person apprehending arrest in a cognisable offence may approach the Sessions Court or High Court for a direction that in the event of arrest, they be released on bail.
The court weighs the nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing from justice, and whether the accusation appears to have been made with the object of injuring or humiliating the applicant by having them arrested.
In Mumbai practice, applications are typically first moved before the Sessions Court, with the High Court reserved for matters of greater complexity or when relief is denied below. Interim protection may be granted pending final orders.
Documentation matters: a well-prepared petition places the FIR, station diary entries, and the applicant's antecedents before the court along with any mitigating material such as employment, family responsibilities, or medical grounds.