TMI Blog2017 (9) TMI 2003X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . An application under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.PC ) has been filed for transit anticipatory bail for a period of three weeks on behalf of applicant on the grounds that the applicant is a peace loving, law abiding citizen, aged about 37 years, natural daughter of Shri Ramanand Taneja and religiously, socially adopted by Saint Gurmeet Ram Rahim Singh Insan, permanent resident of Dera Sacha Sauda, Sirsa (Haryana) also at H. No. A-4, Greater Kailash-II, New Delhi; that on 25.08.2017 when her mentor Saint Gurmeet Ram Rahim Singh Insan was to appear before the Special Judge, CBI, Panchkula to hear pronouncement of the judgment in a case registered against him under Section 376 of the Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T of Delhi argued that this Court has no jurisdiction to entertain the present application; that the applicant has not furnished any material to show that she has been generally residing at the address stated in the application i.e. A-4 Greater Kailash-II, New Delhi and there is no merit in the application. 5. Learned AAG for respondent No. 2/State of Haryana submitted that the FIR No.345/2017 under Section 120B/121A/145/150/ 151/152/153 IPC has been registered at Police Station-Panchkula, Sector-5, Haryana; that the applicant is a permanent resident of Sirsa, Haryana which is reflected from the address mentioned on her passport, hence, the present application is liable to be dismissed. 6. Heard. 7. The broad purpose of Section 438 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail; 10. It is needless to mention that grant of anticipatory bail under Section 438 Cr.PC is matter of a judicial discretion which have to be exercised on circumspection and the court has to satisfy that the application seeking bail has been made on bona fide grounds and there is no manipulation and maneuvering on the part of the applicant for artificially creating the jurisdiction for the court. Whenever, an application for anticipatory bail is made before a Court, where an FIR has been lodged elsewhere i.e. outside the territorial jurisdiction of that Court, the Court is duty bou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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