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2017 (9) TMI 2003 - HC - Indian LawsGrant of protection during the process of moving application for Anticipatory Bail before the court - applicant fears that the drug mafia of the country from the States of Punjab and Haryana may harm her - HELD THAT:- The broad purpose of Section 438 Cr.PC is that where a person accused of commission of a non bailable offence is apprehending arrest, he may be afforded an opportunity to approach a High Court or a Court of Session for an appropriate order of bail before actual arrest. The two factors which entitle a person to seek shelter under Section 438 Cr.PC that firstly he must be under a reasonable apprehension of being arrested and secondly that such reasonable apprehension of arrest must arise on accusation of having committed a non bailable offence. Both these factors also determine the court in which an application under Section 438 Cr.PC can be filed. Undoubtedly, anticipatory bail intrudes in the sphere of investigation of crime and some very compelling circumstances have to be made out for grant of anticipatory bail to the person accused of serious offences and the Court must be cautious and circumspect in exercising such power of a discretionary nature. It is significant to notice that in the application it has been stated that a lookout notice has been issued in the entire country against the applicant and on 20.09.2017, the Haryana Police included the name of the applicant along with her photograph in the list of wanted persons. The fact that the lookout notice had been issued against the applicant makes it clear that the efforts of the police force to apprehend the applicant has not yielded results - keeping in view the facts and circumstances of the case that the applicant till now has evaded arrest, discretionary relief should not be granted to the applicant. It appears that the application is not bona fide and has been filed with a view to gain time. The prayer of the counsel for the applicant that protection be granted to him so that he may approach the High Court of Punjab and Haryana, is without merit as the applicant had the liberty to avail the remedy before the competent Court. The present application stands dismissed.
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