- (1.) ANTICIPATORY bail application filed by Subal Prasad Singh @ Banshi Singh, Rabindra Nath Singh andUttam Kumar Singh is moved by Sri K.P.Deo , learned counsel for the petitioners and opposed by Sri Krishna Shankar , Addl P.P. for the State and Sri Indrajit Sinha for informant.
(2.) AT paragraph no.2 of the anticipatory bail application, it is specifically mentioned that petitioner has filed criminal writ application bearing W.P.(Cr.)No. 29/2012 for quashing of entire criminal proceeding in relation to present cases. In the said writ application, an interim order has been passed staying arrest of the petitioner till 16.3.2012. Thus, it is clear that on the date of filing of present anticipatory bail application , petitioner had no apprehension of arrest. Section 438 of the Cr.P.C. reads as follows : Direction for grant of bail to person apprehending arrest -(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section ; and that Court may, if thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement , threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offernce decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). From bare perusal of aforesaid provision, it is clear that if any person apprehend his arrest in connection with any non-bailable offence, then he is entitled to file anticipatory bail application . Apparently, on the date of filing of present anticipatory bail application, there was an interim order that petitioners shall not be arrested. Thus, on the date of filing of this application, petitioners had no apprehension of arrest in present case. An affidavit filed on behalf of informant, wherein it is stated that aforesaid criminal writ is still pending and interim order also continuing.
(3.) UNDER the said circumstance, I am of the view that this anticipatory bail application is not maintainable. Accordingly, the same is dismissed. However, it is made clear that if ultimately aforesaid writ application will be decided against the petitioners, then petitioners may file another anticipatory bail application if they are so advised.;