1. Mr. B.S. adhikari and Mr. Sandeep Adhikari, learned counsel for the applicant.

2. Mr. S.C. Dumka, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State.

3. By means of the present application, the applicant seeks following reliefs:

          (i) To grant anticipatory bail to the applicant in the event of his arrest in connection with an apprehended criminal case/FIR to be registered by any person from the Society in District Almora; and

          (ii) To grant anticipatory bail to the applicant in the event of his arrest in connection with an apprehended criminal case/FIR to be registered by the police by the name of anyone from the Society, in any other District of the State of Uttarakhand.

4. Learned counsel for the applicant would submit that the applicant is a law student pursuing LL.B. and has been serving as the Personal Assistant to the former Chief Minister of the State of Uttarakhand for the last about six years; that, the applicant is an active member of the Indian National Congress Party and, owing to his political and social activities, frequently visits different districts of the State.

5. Learned counsel for the applicant would further submit that the applicant apprehends his arrest as he has repeatedly been directed by the Circle Officer, Almora, to appear before him. According to the applicant, no complaint or First Information Report has been lodged against him in any police station of District Almora; that despite that, he is being frequently summoned telephonically by the police authorities without disclosing the nature of any proceedings against him, thereby giving rise to a genuine apprehension of his arrest.

6. On the previous date of hearing, this Court directed the State authorities to obtain instructions as to whether any complaint, enquiry or First Information Report is pending against the applicant in any police station of District Almora.

7. Learned State Counsel, upon instructions, would submit that certain information/complaint have been received by the police alleging that the applicant has been disseminating false and misleading information on social media platforms; that, for the limited purpose of conducting a preliminary enquiry into such allegations, the applicant was requested to appear before the Circle Officer, Almora, and that, as of now, no First Information Report has been registered against him.

8. Learned counsel for the applicant would further submit that the applicant has already submitted a representation to respondent no.2, namely the Director General of Police, Uttarakhand, stating therein that, despite the absence of any complaint or criminal case against him, he is being repeatedly called by police officials. It is also stated in the representation that, being the Personal Assistant to the former Chief Minister and because of his frequent visits to different districts of the State in connection with his official and political engagements, he apprehends unnecessary harassment and coercive action at the hands of the police authorities. Since the said representation is still pending consideration, a direction is sought to the competent authority to decide the same expeditiously in accordance with law.

9. In the present case, it is an admitted position that no F.I.R. or criminal case has been registered against the applicant. The material placed on record only indicates that certain complaints/information were received by the police alleging that the applicant was disseminating false information through social media platforms and, in connection with a preliminary enquiry, he was summoned by the Circle Officer, Almora. Mere apprehension of arrest in relation to an unknown and as yet unregistered case, without there being any disclosed cognizable offence or pending criminal proceedings against the applicant, does not furnish a legally sustainable basis for invoking the extraordinary jurisdiction of this Court for grant of anticipatory bail against any future and speculative F.I.R. that may be lodged by any person at any place within the State.

10. Accordingly, the present anticipatory bail application is disposed of with the following directions:

          (i) Insofar as the prayer for grant of anticipatory bail in connection with any apprehended and unspecified F.I.R. or criminal case, which may be registered in future by any person in District Almora or elsewhere in the State of Uttarakhand, is concerned, this Court is of the considered opinion that, in the absence of any existing F.I.R., cognizable case, or imminent criminal proceedings against the applicant, the said relief is premature and does not presently warrant consideration.

          (ii) The respondent no. 2, Director General of Police, Uttarakhand, shall consider and decide the representation submitted by the applicant strictly in accordance with law and pass an appropriate order thereon as expeditiously as possible, preferably within a period of four weeks from the date of production of a certified copy of this order.

          (iii) It is further observed that, in the event any cognizable offence is subsequently registered against the applicant, it shall be open to him to avail of such remedies as may be available to him under law, including seeking appropriate relief and protection before the competent court in accordance with law.

11. With the aforesaid observations and directions, the present anticipatory bail application stands disposed of.