Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.

ORDER :

CrlM No. 1125/2024

1. On the grounds mentioned in the application supported with an affidavit, same is allowed and the petitioner is permitted at this time to file the main petition without translated copies of Urdu documents enclosed with the same, however with a direction to do the needful by the next date of hearing.

2. The application is, accordingly, disposed of .

Bail App No. 159/2024

3. Issue notice to the respondent for his objections, returnable within a period of two weeks, subject to taking of steps within a period of one week.

4. The petitioner has approached this Court through the medium of instant petition invoking its powers vested under the provisions of Serial No. 21 Section 438 of Code of Criminal Procedure, 1973 (although repealed but applicable in the case having been registered on 19.05.2024) corresponding to Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre arrest bail in his favour on the ground inter alia that he is innocent and has not committed the alleged offences; that the FIR in question bearing No. 54/2024 dated 19.05.2024 registered with Police Station, Kandi, Rajouri has been so registered on the basis of old animosity and by way of a counter allegation; that it is apparent from the complaint lodged by the alleged prosecutrix which has given rise to the FIR in question that the allegation is an outcome of afterthought for having been reported to the Police with inordinate and huge delay; that the respondent is hell bent to effect the arrest of the petitioner in connection with false and frivolous allegation; that the petitioner has already impugned the FIR in a petition filed under 482 Cr. P.C. in which this Court has been pleased to pass an order directing the respondent that in case the presentation of the final report/challan is contemplated, the same shall await the orders of this Court; that the petitioner is likely to get lower down in the estimation of the society in case he is arrested in connection with false and frivolous allegation and that he shall abide by all the conditions that may be imposed by this Court.

5. Heard submissions of the learned counsel for the petitioner/accused in respect of his prayer for grant of interim pre arrest bail. He submitted that that the petitioner is innocent and has not committed any offence. That the respondent/UT is bent upon to arrest him in connection with false and frivolous allegations. That he is likely to suffer in terms of his reputation in the estimation of the society in case the respondent succeeds in arresting him. Learned counsel further submitted that law has armed this Court and even the Sessions courts with extraordinary powers in terms of Section 482 of new Code i.e. BNSS, 2023corresponding to Section 438 of the repealed Code in order to protect those who genuinely apprehend their involvement on the basis of false and frivolous complaints. Learned counsel invited the attention of this Court towards a judgment of the Apex Court cited as Siddharam Satlingappa Mhetre Vs State of Maharastra decided on 02/12/2010, AIR 2011 SC 312 and submitted on the basis of reliance on the said authoritative judgment that the Hon’ble Apex Court has widened the scope of the personal liberty and has held that pre-arrest bail cannot only be claimed in extra-ordinary circumstances but in all the cases where the court is satisfied in the facts and circumstances of the case that there is no need of the accused in custody during investigation. He submitted that it has also been held in case concerned that pre-arrest bail need not to be granted for a limited period and that the Hon’ble Apex Court held its earlier judgments on the subject i.e Chain Lal Vs. State of Madhya Pradesh (1976) 4 SCC 572; Salau-ud-din Abdul Samad Sheikh vs State of Maharastra AIR 1996 SC 1042; K.L, Verma vs state and another 1996 (7) SCALE 20;Sunita Devi vs State of Bihar and another AIR SC 498; 2005 AIR (Criminal) 112; Adri Dharan Das vs state of West Bengal AI