Anticipatory bail not maintainable when no FIR registered and only pending enquiry.

The petitioners, who apprehend arrest at the hands of the respondent for the offence punishable under Sections 303(2) and 316(2) of BNS, 2023 in Crime No. Not Known of 2026 on the file of the respondent police, seeks anticipatory bail.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) would submit that the petition enquiry is pending and as on date no case has been registered against the petitioner herein and hence, grant of anticipatory bail to the petitioner does not arise.

3.Considering the above, there shall be a direction to the respondent police to complete the enquiry and disposed of the same in accordance with law within a period of 15 days from the date of receipt of a copy of this order.

4.With the above direction, this Criminal Original Petition stands disposed of. It is made clear that if any case is registered against her, she may approach this Court by way of filing an appropriate application in accordance with law. The respondent police shall not arrest the petitioner during enquiry.