Tricky Question: Bail under section 438 CrPC - When to grant?

Yaar, have you guys seen this previous year question? Section 438 CrPC is quite straightforward, but when it comes to granting anticipatory bail, things get murkier. In a 2022 CLAT PG question, a police officer was accused of custodial torture under section 330 IPC. The victim's family moved the HC for anticipatory bail, but the officer's lawyer argued that custodial torture isn't a non-bailable offence (NBO). The HC held that even though custodial torture is a NBO, but since it was a grave and serious offence, the HC can still consider granting anticipatory bail in the interest of justice. The question asked us to determine whether the HC was correct in its decision. My approach would be to break down the section 438 CrPC and understand its scope and exceptions.