The Allahabad High Court in the case Javed Ahmad vs. State of U.P. and Another observed that the anticipatory bail can be sought by a person if the person who has a reasonable belief that he may be get arrested, even though an FIR is not yet been registered against him with regards to the alleged non-bailable offence.
The bench comprising of Justice Nalin Kumar Srivastava in the case observed and has added that it has not been permitted by the law that a person to seek anticipatory bail on merely vague assertions which being in the absence of any relevant material wherein showcasing his reasonable belief with regards to the likelihood of arrest.
It has been observed by the bench while denying bail to one Javed Ahmad who had moved the court wherein seeking pre-arrest bail with an apprehension of the arrest of him by the police any time after an FIR has been lodged against him in an alleged false case.
It being the case of the appellant that Sahab Lal (opposite party no. 2) had given him some amount as the financial help for the construction of his house, and on 05.01.2023, it has also been asked by the opposite party no.2 for the repayment of the total money outstanding after allegedly abusing and threatening him for repaying the same till 20.01.2023., thus, he would also be implicated in a false and fabricated case.
He also moved to the High Court wherein it has been submitted by him that there is every likelihood that he may be implicated in the false case and he would be arrested and hence, the court is to grant him anticipatory bail.
The court also noted that the FIR in the case is not registered yet, it has been stated by the bench that although filing of an FIR is not a condition precedent to exercise the power under Section 438(1) of Code of Criminal Procedure, but at the same time, the person’s apprehension of arrest has to be based on concrete facts and not being vague or general allegations made which being relatable to a specific offence or to a particular offence.
The court also cited the rulings of Apex Court’s in the case of Gurbaksh Singh Sibbia Vs. State of Punjab and in the case Adri Dharan Das Vs. State of West Bengal, wherein it has been held by the court that the applicant must show that he has “reason to believe” that he may be arrested in a non-bailable offence.
It has also been observed by the court that the apprehension of arrest being made on the part of the applicant in the instant case is not well founded and that he had failed to explain as to how he has a reasonable belief of getting arrested by the police.
Further, it has also been noted by the court that no application before any court has been moved so far by opposite party no.2 for prosecuting the applicant and hence, there being no reasonable belief of being arrested exists there.
Accordingly, the dismissed to allow the anticipatory bail petition filed