In this case, the applicant had filed an anticipatory bail application with the Allahabad High Court, seeking protection against his potential arrest. The applicant had stated that a friend had given him financial assistance of Rs. 17,50,000 for building his house. However, the friend demanded the entire amount back and threatened to implicate the applicant in a fabricated case if he did not repay it by a specific date. The applicant had informed the Superintendent of Police in Jaunpur about the incident through registered mail on January 7, 2023, and had already paid Rs. 3,20,000 to the friend’s bank account on various dates.
Despite having no criminal record, the applicant was apprehensive that the police might falsely implicate him and arrest him once an FIR is registered against him. To seek protection from potential arrest, he filed an anticipatory bail application before the Allahabad High Court. The court referred to the Gurbaksh Singh Sibbia v. State of Punjab case, which established that the filing of an FIR is not a mandatory requirement for invoking the power under Section 438(1) of the Criminal Procedure Code. However, the court emphasized that the applicant’s fear of arrest must be based on specific and concrete facts related to a particular offense or offenses, and 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 is obliged to evaluate the severity and importance of the perceived threat or apprehension, and decide whether any conditions should be imposed. Additionally, an application for anticipatory bail can be filed even before an FIR is lodged, provided that the applicant can provide sufficient and precise evidence.
Furthermore, the Allahabad High Court cited the Sushila Aggarwal and others vs. State (NCT of Delhi) case, which emphasized that courts are not obligated to restrict the relief granted under Section 438 of the Criminal Procedure Code in terms of time, the filing of an FIR, or the recording of a statement by a police witness during an investigation or inquiry, among other factors. The bench found that the applicant’s fear of being arrested lacks merit since he failed to provide a convincing explanation of why he believes he will be taken into custody by the police. In his application, the applicant only stated that he had paid Rs.3,20,000/- to Sahab Lal from the total amount owed, and no complaint has been lodged by Sahab Lal against the applicant regarding the recovery of his money. Moreover, opposite party no.2 has not yet applied to prosecute the applicant in any court. Consequently, there is no valid reason for the applicant to fear being arrested.
The High Court noted that the applicant did not present any evidence to support his claim that he has reasonable grounds to believe that he would be arrested for a non-bailable offense. The court stressed that vague allegations without relevant material were insufficient grounds to seek anticipatory bail. Therefore, the court dismissed the applicant’s anticipatory bail application.
Source: https://lawtrend.in/can-anticipatory-bail-be-sought-even-before-filing-of-fir-answers-allahabad-hc/
