The Allahabad High Court has allowed the anticipatory bail application of a man accused of not wearing the mask and spitting on a policeman.
The accused was charged under Section Section-186, 188, 189, 269, 353 IPC, Section 03 Epidemics Act and Section 51(b) Disaster Management Act.
There was an allegation against the applicant that he was going on motor cycle without wearing a mask. On being stopped by the police, he is alleged to have spotted over the police man and misbehaved with the police.
Opposing the bail application AGA submitted that apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted.
Hon’ble Justice Siddharth of Allahabad High Court observed:
“It cannot be definitely said when the police may apprehend him. After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights.”
In view of the above the court allowed the anticipatory bail application as per the Constitution Bench judgment of the Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)