In an important decision rendered by Justice Krishan Pahal of Allahabad High Court, ruled that a person who has been released on bail in connection with an offense has a right to get anticipatory bail when the police add other sections during the investigation in relation to the same FIR.

The bench held that "It is true that the applicant was enlarged on bail in the said F.I.R. and he has not misused it during investigation and no apprehension of tampering with evidence has been raised by the A.G.A. Sending the applicant behind bars again in the added sections would be of no fruitful use."

Further the Bench added that "the expression 'bail' whether it is a regular bail or an anticipatory bail from Sections 437 to 439 of the Code states that a person accused of, or suspected of, the commissioning of offences of the type referred therein may be 'released on bail'. The only difference between Sections 437, 438 and 439 Cr.P.C. is that an order of anticipatory bail under Section 438 Cr.P.C. insulates a person arrested from custody, while an order of bail under Section 437 or 439 Cr.P.C. gets him released from custody. Under all the three provisions, Sections 437 to 439 Cr.P.C., the person is set at liberty on security being taken for his appearance on a bail and a place."

The Court added "On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant and the case law produced by learned Senior Cousel, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court"

Case Details:-

Allahabad High Court

CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 9391 of 2022
Applicant :- Shahzad
Opposite Party :- State of U.P

Read the Complete Judgment:-

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do