Rajasthan HC Cancels Air Force Personnel's Anticipatory Bail Due To Misrepresentation, Hiding True Facts Like Grievous Injury Caused To Victim

The Jodhpur bench of the Rajasthan High Court cancelled the anticipatory bail of an Air Force personnel on the grounds that he allegedly misrepresented and hid material true facts when he argued his anticipatory bail which was eventually granted last year. 

Justice Farjand Ali observed that during the proceedings of anticipatory bail, the counsel appearing for the accused had only mentioned the charges of hurt (Section 323) and endangering human life (Section 336) while hiding the charge of grievous hurt which was added on account of the victim permanently losing vision in his left eye due to the injury caused by the accused.

The Court was hearing an application for cancellation of anticipatory bail granted to the accused on the grounds that true facts were not brought before the court.

It was the case of the applicant that during the proceedings of the anticipatory bail application, it was wrongly submitted on behalf of the accused–an LDC (lower division clerk) in the Air Force, that there was institution of a cross-case regarding the same incident. The fact of Section 326 (voluntarily causing grievous hurt by dangerous weapons or means) being added in the charges on account of the medical reports of the applicant were not brought before the court by either of the Parties.

The Court perused the records and highlighted that there were no cross case of the same incident. Rather, in the first case which was lodged in February, 2023, the charge of grievous hurt was not added. However, the situation aggravated when the victim lost vision in his left eye permanently owing to the injuries suffered by him, following which another case was registered in October, 2023 adding the charge of grievous hurt.

The Court observed that:

"As per the medical report, the victim sustained four grievous injuries. The situation has aggravated when observed that the victim had lost vision of his left eye permanently. Loss of vision of one eye permanently would certainly a very serious thing and the above fact was not brought  into the notice of this court either by the counsel for the State or counsel for the respondent-accused. In this view of the matter, this Court feels that the benefit of anticipatory bail granted to the respondent-accused should be cancelled owing to the reason of misrepresentation and hiding of true facts particularly, grievous injury on left eye of the victim and addition of Section 326 of the IPC". 

Hence, the application for cancellation of bail was allowed, and the anticipatory bail was cancelled. However keeping in mind the fact that the accused was a public servant and a defence personnel and that over a year had elapsed since the passing of the anticipatory bail order but no complaint against him had been reported,  the Court gave him the liberty to surrender before the trial court and move a regular bail plea to be decided by the trial judge on the same day.

"Till 21.01.2025, the respondent-accused shall not be arrested," the court added. 

Title: Ramesh Kumar v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 425

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