HARDIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Criminal Procedure Code, the applicant has prayed for the following reliefs:-

(2.) On perusal of the aforesaid prayers, it appears that the same is not made in respect of any particular FIR having been registered or a complaint having been filed before any Court of law and the entire application is based on an apprehension of the applicant that in view of the earlier FIR registered against the present applicant, now there is likelihood that another FIR also will be registered.

(3.) Learned advocate Mr. Himanshu M. Padhya appearing for the applicant relied upon the judgment of five Judges Bench of the Hon'ble Supreme Court in case of Shushila Agrawal V/s State (NCT of Delhi) reported in 2020 (5) SCC 1 and submitted that anticipatory bail can be filed even if there is no FIR and on the basis of apprehension also such application is maintainable.