The court ruled that anticipatory bail should not be sought through blanket relief but instead, individual applications must be made under Section 438 CrPC based on specific circumstances and allegations.

JUDGMENT

Subramonium Prasad, J. This writ petition has been filed seeking the following prayers:-

"a) Pass an order Under Article 226 and 227 of the Constitution of India r/w 482 and 438 CrPC directing grant of anticipatory bail in all FIRs and proceedings arising out of project AVJ Heights including but not limited to FIRs mentioned in Para 6 herein; and/or

b) Pass an order Under Article 226 and 227 of the Constitution of India r/w 482 r/w 438 CrPC directing Protection from any coercive steps/arrest in all FIRs and proceedings arising out of project AVJ Heights including but not limited to FIRs mentioned in Para 6 herein during pendency of the present petition; and/or"

2. The facts leading to the instant writ petition are as under -:

a) It is stated that the petitioner herein was a director of AVJ Developers India Pvt. Ltd from 22.06.2010 to 30.03.2016. It is stated that the entire day-to-day activities of the said company and its affairs, including the real estate projects, were looked after by the whole-time Directors including her husband, Vimal Jain.

b) It is stated that due to disputes between the buyers and the developer, her husband has been arraign as an accused in 48 FIRs and the petitioner herein is also an accused in many of the FIRs and 8 of the FIRs have been registered in Delhi which are as follows:-

c) It is stated that the petitioner's husband was arrested and was in prison from 24.12.2019 to 28.02.2021. It is stated that the petitioner's husband filed an SLP in the Supreme Court, being SLP (CRL) No.175/2021. It is stated that the Supreme Court after issuing notice granted interim bail to the petitioner's husband on 26.02.2021 by passing the following order:-

"In order to facilitate the construction of the remaining flats so that the requirements of the remaining flats buyers can be met, we are inclined to grant interim bail to the petitioner, initially for a period of six months. We are told that the passport of the petitioner already stands deposited.

The petitioner will file a progress report of what steps he has taken during this period of time and we make it clear that unless he shows sufficient progress, his continued enlargement will be in peril."

d) It is stated that in the project, where the disputes have arisen, about 1,400 flats are under occupation.

e) It is stated that the petitioner, who was not involved in the day-to- day affairs of the company, is running from pillar to post trying to defend litigations arising out of the disputes with homebuyers, lenders, banks/financial institutions relating to the AVJ Heights project and AVJ Developers India Pvt. Ltd. It is stated that cases under Section 138 of the Negotiable Instruments Act have been filed.

f) It is stated in the writ petition that proceedings under Section 82 CrPC were initiated against the petitioner, and she was declared as a proclaimed offender by an order dated 22.10.2019 in FIR No.115/2017 registered at Police Station EOW. The said order was challenged in a writ petition before the learned Additional Sessions Judge, Karkardooma Courts in Criminal Revision Petition No.93/2020 and the order declaring the petitioner as a proclaimed offender was set aside by order dated 01.04.2021. However, it was clarified in the said order that no protection has been granted to the petitioner.

g) It is stated that the petitioner has filed the instant writ petition in view of the multiple FIRs being registered against her and her husband. It is stated that the allegations in the FIRs are identical and that the police wants to arrest the petitioner.

h) It is stated that the disputes are primarily between the company and the allottees which are essentially civil disputes yet, multiple FIRs have been registered against