Though technically permissible under Section 438 of the CrPC, courts often exercise restraint in granting
anticipatory bail in NIA cases due to their gravity. Special courts under the NIA Act have exclusive jurisdiction

Anticipatory bail is generally not available for offences under the NIA Act (National Investigation Agency Act), especially if the offences fall under Scheduled Offences of the Unlawful Activities (Prevention) Act (UAPA) or other special laws involving national security or terrorism. These laws often have stricter bail provisions, and courts are cautious while granting pre-arrest bail due to the seriousness of such crimes. However, in exceptional cases, higher courts like the High Court or Supreme Court may grant anticipatory bail depending on the facts and circumstances.