Anticipatory bail application under sec. 438 crpc

V NAGARAJA SARMA (Querist) 08 July 2013 This query is : Resolved
Can an application under sc. 438 Cr.P.C., for grant of anticipatory bail moved, when NO CRIME IS REGISTERED against any one for the offences detailed in the Bail application

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adv. rajeev ( rajoo ) (Expert) 08 July 2013
yes it can be filed.

Guest (Expert) 08 July 2013
Supreme Court though has ruled that there is no necessity for filing FIR while seeking anticipatory bail and as well has ruled that no blanket orders can be passed where offence is not registered, the lower courts do ask for filing copy of FIR with application for grant of anticipatory bail. In the event where there is no offence registered, it shouldn't be filed.