The Allahabad High Court while allowing an anticipatory bail application has held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required.
The court has expressed that Irrational and indiscriminate arrests are gross violation of human rights. The present anticipatory bail application has been filed by applicant, Sachin Saini, with a prayer to release him on bail in connection to the Case registered under Section-452, 323, 504, 506 IPC in Police Station- Khurja Nagar, District- Bulandshahar, during pendency of trial.
The single Bench of Justice Siddhartha while dealing with an anticipatory bail application has observed that,
“After considering the rival submissions this court finds that there is a case registered/about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged.”
The counsel on the behalf of applicant has submitted that earlier father of the applicant has lodged an FIR against son of the informant on 24 th August under Sections 147, 148, 323, 504, 506 I.P.C. By way of counter blast present first information report has been lodged on 20 th September implicating the applicant in this case falsely.
The applicant submits that the allegations are absolutely incorrect. No injury was suffered. Applicant has been falsely implicated. He has no criminal history to his credit. The counsel on behalf of respondent has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail.
The court while placing reliance on the judgment given by Apex Court in case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 has held that,
“Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the prescribed conditions.”
Case Details
Case: - CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9391 of 2020
Applicant: - Sachin Saini
Opposite Party: - State Of U.P. And 2 Others
Counsel for Applicant: - Manoj Kumar Srivastava
Counsel for Opposite Party: - G.A.Bench: Justice Siddhartha
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