The Allahabad High Court has recently provided an answer to a significant question concerning whether it is possible to apply for anticipatory bail before the filing of an FIR.
The applicant in this case filed an anticipatory bail application with the Allahabad High Court, seeking protection from potential arrest.
According to the applicant’s submission, a friend had provided him with financial assistance of Rs. 17,50,000 for the construction of his house, and the applicant had repaid Rs. 1 lakh on respective dates.
However, the friend demanded repayment of the total amount and threatened to falsely implicate the applicant in a fabricated case if he failed to do so by a specific date. The applicant informed the Superintendent of Police in Jaunpur about the incident on January 7, 2023, through registered mail, and has already paid Rs. 3,20,000 to the friend’s bank account on various dates.
Nonetheless, the applicant feared that the police would arrest him once the FIR is lodged against him, and he might be falsely accused. The applicant contended that he had no prior criminal record and would not misuse the anticipatory bail if granted.
Justice Nalin Kumar Srivastava’s bench referred to the Gurbaksh Singh Sibbia v. State of Punjab case, which established that the filing of an FIR is not a prerequisite for invoking the power under Section 438(1) of the Criminal Procedure Code.
The court emphasized that an applicant’s apprehension of arrest, which prompts them to seek anticipatory bail, must be based on concrete and specific facts related to a particular offense or offenses. The application should provide crucial details of the offense, along with the applicant’s version of the facts and why they have reasonable grounds for fearing arrest.
The court must consider the seriousness and gravity of the threat or apprehension and determine the appropriateness of any conditions imposed. Furthermore, it is not necessary to wait for an FIR to be filed before applying for anticipatory bail, as long as the applicant can present clear and reasonable evidence.
The Allahabad High Court also mentioned the Sushila Aggarwal and others vs. State (NCT of Delhi) case, where it was emphasized that Section 438 of the Criminal Procedure Code does not require courts to impose limitations on the relief granted in terms of time, or upon the filing of an FIR, or the recording of a statement by any police witness during an investigation or inquiry, among other things.
According to the bench, the applicant’s fear of arrest is unfounded since he has not provided a convincing explanation of why he believes he will be arrested by the police. The applicant has only mentioned in his application that he has paid Rs.3,20,000/- to Sahab Lal from the total amount owed, and no complaint has been filed by Sahab Lal against the applicant regarding the recovery of his money. Additionally, opposite party no.2 has not yet made an application to prosecute the applicant in any court. As a result, there is no reasonable basis for the applicant to be apprehensive of being arrested.
The High Court observed that the applicant had not presented any material to support his claim that he had a reasonable belief that he would be arrested for committing a non-bailable offense. The court emphasized that vague assertions without relevant material were insufficient grounds for seeking anticipatory bail. Therefore, the court rejected the applicant’s application for anticipatory bail.
Source: https://lawtrend.in/can-anticipatory-bail-be-sought-even-before-filing-of-fir-answers-allahabad-hc/
