1 of 14 56.ABA.441.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.441 OF 2021

Nikita Jacob

Applicant

versus

The State of Maharashtra

Respondent

Mr.Mihir Desai, Senior Advocate, with Mr.Manoj Mohite, Senior

Advocate, with Mr.Girish Godbole i/by Mr.Abhishek Yende, Sanjokta

Dey and Varun Thokal for applicant.

Mr.H.S.Venegavkar, Special Public Prosecutor, for respondent no.2.

Mr.Swapnil S. Pednekar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 17^th February 2021

PC :

1.

This is an application under Section 438 of Code of Criminal

Procedure seeking transit anticipatory bail for a period of four weeks

to enable the applicant to approach appropriate Court for reliefs. The

applicant is apprehending arrest in connection with CR No.49 of

2021 registered at Special Cell, New Delhi for offences under

Sections 124A, 153, 153A, and 120B of Indian Penal Code.

2.

The contention of the applicant is that she is a practicing

lawyer at Bombay High Court since 2014. She has volunteered in

environmental movement which helps to create awareness of various

environmental crises and concerns worldwide and helps to create a

positive change to the current system and structure in the world

today with non-violence means. She was deeply concerned with the

recent farm laws. Various environmental movements and activists

including the applicant, have been researching and circulating

information for raising awareness to encourage peaceful

Manish

S. Thatte

Digitally signed by

Manish S. Thatte

Date: 2021.02.20

15:42:16 +0530

2 of 14 56.ABA.441.2021.doc

participation and express solidarity with the protesting farmers who

have been protesting since long and have been discussing various

ways to support the farmers in the short and long term.

3.

Mr.Mihir Desai, Senior Advocate, appearing for applicant

submitted that on 11^th February 2021 the the Special Cell Unit of

Delhi Police accompanied by Constable from local Police Station,

visited house of applicant with search warrant and seized personal

documents and electric gadgets from the house of applicant. It is

submitted that during the search conducted by Special Cell Unit of

Delhi Police, search-cum-seizure memo was prepared and the

statement of applicant was recorded. It is difficult for her to move to

other State without protection under Section 438 of Cr.P.C to seek

appropriate relief as she has fear of getting arrested in transit on the

basis of aforesaid complaint. The applicant is a lawyer who supports

environmental causes. The alleged toolkit does not talk about any

violence. She has co-operated with investigation. She needs time to

move appropriate Court and hence protection be granted u/s 438 of

Cr.P.C for a period of four weeks. Toolkit came to light after the

incident of 26^th January 2021 protest. Applicant is not named in FIR.

The apprehension of applicant is fortified by the fact that non-

bailable warrant has been issued against applicant by the Court at

Delhi. Hence, protection as prayed above may be granted for a

temporary period.

4.

Learned counsel for respondent no.2 Mr.Venegavkar submitted

that the application is not maintainable in law. There is no provision

to grant such relief u/s 438 of Cr.P.C. This Court has no jurisdiction

to entertain this application. The officers of respondent no.2 had

visited residence of applicant and by following due process of law

3 of 14 56.ABA.441.2021.doc

search was conducted and her statement was recorded. However, on

the next day when the officers visited applicant’s residence, she was

not available. Hence, warrant of arrest has been issued against

applicant. Copy of FIR is produced by him. It is submitted that

Section 7 of