Anticipatory Bail on the Ground of Role of the Accused in the FIR
Anticipatory bail can be sought on the ground that the accused had no role in the FIR and the accused is being dragged in the case which he/she is not even related to or the fact that accused had not played any major role in the alleged offence.
Grant of Anticipatory Bail on the Ground of Role of the Accused in the FIR
The Court while dealing with the cases of anticipatory bail are directed by hon’ble supreme Court to keep in mind some factors and one of those factors or direction by the Supreme Court is that the Court must evaluate or comprehend the exact role of the accused in the case. If the accused has no role in the case and his/her name is not mentioned in the FIR, then taking the accused in custody would be a waste of time of both the judiciary and the accused. The fact that the name of the accused is not even present in the FIR suggests the non-participation of the accused in the alleged offence in that case it would become a ground and in favour of the accused to seek anticipatory bail and Court would consider granting bail to the accused. The accused can argue in the Court that he/she is being intentionally dragged in the alleged offence in which he/she is not even involved. The accused on the basis that his/her name is not present in the case pleads his/her innocence and on that basis, the Court might grant anticipatory bail to the accused keeping other factors in mind too which are to be considered before granting bail to the accused.
The significant thing about the bail on the ground of no role of the accused in the first information report is that the bail granted cannot be cancelled on this ground because the fact that the accused’s name is not mentioned in the FIR is not going to change.
The fact that the accused had not played any major role in the alleged offence can also be taken as the ground for anticipatory role. If the accused had not done something grave in nature in the alleged offence then the Court considers granting bail to the accused as the gravity and nature of the offence is one of the parameters or factors that Court keeps in mind while deciding whether to grant bail to the accused or not.
State of U.P. V. Amarmani Tripathi [(2005)8 SCC 21]- In this case the factors that are to be kept in mind while deciding whether to grant bail to the accused or not were discussed. One of those factors was the nature and gravity of the offence and applicant’s role in the alleged offence. It can be interpreted by this that the role of the accused is to be kept in mind and if the accused have minor role or no role in the alleged offence, then in that case the Court should consider granting pre-arrest bail to the accused.
Siddharam Satlingappa Mhetre V. State of Maharashtra [(2011)1 SCC 694]- The hon’ble Supreme Court again repeated and directed all the Courts not to use discretionary power provided to them so arbitrarily. There must be reasons behind every grant and denial of anticipatory bail order. The hon’ble Court discussed the factors to be considered and the first factor was nature and gravity of the offence and applicant’s role in the alleged offence.
Anticipatory bail application cannot be dismissed on the ground that no offence is registered against the accused, the mere requirement is that there should be apprehension of arrest in the mind of the accused and anticipatory bail can be sought on the ground that there is no role or minor role of the accused in the FIR.
Authored By: Adv. Anant Sharma & Anjali Swami