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Can anticipatory bail be sought even before registration of FIR? Know the decision of Allahabad High Court

Recently, Allahabad High Court answered an important question whether anticipatory bail can be sought even before registration of FIR?

A bench of Justice Nalin Kumar Srivastava was hearing an anticipatory bail application filed by the applicant praying for grant of anticipatory bail.

In this case, the opposite party No.2 had given Rs.17,50,000/- to the applicant as financial assistance for the construction of his house, as they were friends and subsequently Rs.1 lakh was paid by the applicant on the respective dates Was. Him.

However, the opposite party No. 2 has asked and abused to pay the total outstanding amount and threatened to pay the same by 20.1.2023 otherwise they may be implicated in a false and fabricated case.

The applicant reported the incident to the SP, Jaunpur through registered post dated 7.1.2023 and till date he has paid an amount of Rs.3,20,000/- to the opposite party no.2 in his bank account on the respective dates But the applicant is apprehensive of his arrest by the police at any time after the registration of the FIR. against him.

There is every possibility that the applicant may be implicated by making a false case against him. It is also stated that the applicant does not have any criminal history. If the applicant is released on anticipatory bail, he shall not misuse his liberty.

The bench referred to the case of Gurbaksh Singh Sibbia v. State of Punjab, where it was held that F.I.R. is not a condition for the exercise of the power under section 438(1) Cr.P.C.

In the above case, it was held that “when a person apprehends arrest and moves the Court for anticipatory bail, his apprehension (of arrest) is based on concrete facts relating to a specific offense (and not on vague or general allegations) ) should be based on or specific offences. The application for anticipatory bail must contain clear and essential facts relating to the offence, and why the applicant reasonably apprehends his arrest, along with his version of the facts. These are of importance to the court which is considering the application, the extent and reasonableness of the danger or apprehension, its gravity or seriousness and the appropriateness of any conditions that may be imposed. It is not a necessary condition that the application should be made only after the registration of the FIR; It can be presented earlier, as long as the facts are clear and there is reasonable ground for apprehension of arrest.”