Allahabad HC Notes 'Trend' Of Filing Of Fresh FIRs Against Accused To Create Grounds For Bail Cancellation
Sparsh Upadhyay
23 Sep 2024 5:41 AM GMT
The Allahabad High Court recently noted a 'trend' in which fresh FIRs/complaints are filed against an accused after he has been granted anticipatory/regular bail to create grounds for the cancellation of the bail.
A bench of Justice Subhash Vidyarthi observed thus while dealing with a plea filed seeking cancellation of anticipatory bail granted to the accused (by the HC in August 2023) booked in a 2023 FIR lodged under Sections 493, 323, 504, 506 IPC.
For context, the accused was booked in the said FIR after a woman (informant) alleged that the accused kept her as his wife for about four years without marrying her, but ultimately, he declined to marry her.
In August 2023, the accused was granted anticipatory bail by the HC in this case. After that, the informant-woman filed another FIR against him in March 2024, claiming that the accused, in December 2023, forcibly entered her house and threatened and raped her.
Based on these allegations, the woman-informant filed the instant bail cancellation plea.
While dealing with the plea, the Court noted that though the applicant-informant/woman had filed another FIR against the accused, she had not been medically examined, and there was no material to prima facie support the subsequent allegation of attempt to rape levelled by her.
The Court further observed that the lodging of FIR, containing a serious allegation of rape, which is not supported by any evidence, including medical evidence, prima facie indicated that the applicant (informant-woman) had lodged the FIR only to create a ground for cancellation of anticipatory bail.
In view of this, the court rejected her plea, finding no good ground to entertain the application for cancellation of anticipatory bail.
Counsel for Applicant: Narendra Gupta, Mohammad Salim Khan
Case title - Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590
Case citation: 2024 LiveLaw (AB) 590
