Prayagraj, January 28: The Allahabad High Court has observed that in offenses punishable with imprisonment up to seven years, the police cannot arrest the accused without following Section 41 of the Code of Criminal Procedure (CrPC). Therefore, there is no justification for granting anticipatory bail to the accused in such cases.
The court stated the charges in the FIR registered against the petitioner can attract a maximum punishment of seven years. Police cannot arrest the petitioner.
The court, rejecting the demand for release on anticipatory bail, disposed of the application.
Justice Om Prakash has given this order on the anticipatory bail application of Wasim Usmani of Ramgarh Firozabad.
The petitioner said that the complainant had a transaction with the BNS Company. The petitioner has nothing to do with it. He has been implicated only being the nephew of the main accused and the charges framed in the FIR carry a punishment of up to seven years in which the police cannot arrest but still the police are harassing him. It is feared that he may be arrested at any time.
The court said that the police should not arrest the petitioner against the law.
