Even if FIR is lodged in any state, anticipatory bail can be given anywhere, 'Supreme' guidelines for courts

The Supreme Court on Monday said that even if the FIR is registered in another state, the Sessions Court or the High Court can grant anticipatory bail. Justice B.V. A bench of Justices Nagarathna and Ujjwal Bhuyan said that keeping in mind the constitutional imperative to protect the right to life and personal liberty of citizens, courts should grant interim anticipatory bail as interim protection under Section 438 of the CrPC. The bench gave this verdict after hearing the special leave petition filed against the decision of the Bengaluru Sessions Judge.

The sessions court had allowed the anticipatory bail plea of the accused husband of the petitioner woman even though an FIR was registered against him in another state. The Supreme Court said that it would be impossible to account for all such exigent circumstances in which an unexpected order should be made to protect the fundamental rights of the applicant. Such anticipatory bail should be granted only in exceptional and compelling circumstances. The bench stressed the need to establish territorial nexus or proximity between the accused and the jurisdiction of the court where anticipatory bail is sought. The bench said, we know that the accused will choose the court of his choice for anticipatory bail. The connection with jurisdiction may be by place of residence or occupation. The accused cannot travel to another state just to seek anticipatory bail.

Back Guidelines:

• Before passing the order of interim anticipatory bail, notice should be issued to the investigating officer of the FIR and the public prosecutor.
• The order of anticipatory bail should record the reasons why the applicant fears inter-state arrest and what effect the anticipatory bail may have on the investigation.
• The applicant must satisfy the High Court or Sessions Court about his inability to seek bail from a court having jurisdiction.
• Where an FIR has been lodged, anticipatory bail may be sought if there is apprehension of a violation of the right to liberty or if the applicant is disabled.