Anticipatory bail cannot be granted without FIR, HC rules

Dehradun: Refusing anticipatory bail to a man who claimed to have been a personal assistant to an ex-Congress chief minister, the Uttarakhand high court held that the application cannot be entertained in the absence of a registered FIR or imminent criminal proceedings.The court instructed the Uttarakhand DGP to expedite the decision on petitioner Ajay Sharma’s representation, ensuring adherence to legal protocols within four weeks. The petition was filed amid fears of imminent arrest arising from complaints about Sharma’s alleged dissemination of misleading information on social media.Justice Alok Mahra ruled on Friday that granting anticipatory bail was premature under existing conditions.

The HC stated: “In absence of any FIR, cognisable case, or imminent criminal proceedings against the applicant, the said relief is premature and does not presently warrant consideration.”HC also said that should any cognisable offence be registered in the future, Sharma would retain the right to seek appropriate legal safeguards.Notably, Sharma’s application was primarily rooted in his apprehension about an impending arrest.

Despite no formal FIR being lodged against him, Sharma was repeatedly summoned by the circle officer in Almora, igniting his concern over possible police action based solely on preliminary complaints. He argued that as a politically active figure, his frequent engagements across Uttarakhand rendered him vulnerable to undue harassment by the authorities.HC observed that while complaints had been received, which prompted a preliminary inquiry, these did not justify anticipatory bail as there was no immediate or forthcoming threat of a legally recognised arrest.The absence of concrete charges emphasised the speculative nature of the arrest fears, which the court decided was “insufficient to warrant extraordinary judicial intervention for anticipatory relief”.