Is FIR a pre-requisite to file Anticipatory Bail under Sec. 438 of CrPC

Filing of a FIR and registration of a crime by the police is not a condition precedent to the exercise of A.Bail. Jurisdiction of the court can be invoked by any person even in the absence of registration of a crime and there is no requirement of furnishing the crime number as such. There is also no requirement that a copy of the FIR should be made available for the purpose of considering the application u/s 438.
In the absence of tangible material , any direction to release an applicant u/s 438 of Cr.P.C would amount to grant of a blanket order of A. Bail.
Vague, indefinite allegations or mere suspicion entertained by an applicant is not enough to invoke the extraordinary power of the court u/s 438 of Cr P C.
The intense of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet files.
Mere” fear ” is not “belief” for which reason it is not enough for the applicant to show that he has some fear of a vague apprehension that someone is going to make an accusation against him , in pursuance of which he may be arrested.
A.Bail is a device to secure the individual’s liberty.
It is neither a passport to the commission of crime nor a shield against any and all kinds of accusations.


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