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Synopsis

The Allahabad High Court recently highlighted a concerning trend where informants file fresh FIRs or complaints following grant of anticipatory bail or bail to the accused, aiming to establish grounds for its cancellation.

The bench of Justice Subhash Vidyarthi was dealing with an application moved by a woman seeking cancellation of a prior order of the high court from August 10, 2023, which had granted anticipatory bail to a man.

The first FIR had been lodged by the woman on June 27, 2023, claiming that the man had lived with her as his wife for nearly four years but ultimately refused to marry her. While allowing the accused pre-arrest bail in that FIR which was registered under Sections 493, 323, 504, 506 of the IPC, the high court had then observed that since the woman was 26 years old, it appeared that she used to live with the accused out of her own free will without marrying him.

However, the woman sought cancellation of the anticipatory bail order on the ground that after grant of anticipatory bail, on March 9, 2024, another FIR had been lodged by her against the accused alleging that he forcibly entered her house on the night of December 11, 2023, threatened and raped her. Notably, the woman had not been medically examined.

Taking note of the same, court opined that there was no material to prima facie support the aforesaid allegation leveled by the woman.

"The lodging of FIR containing serious allegation of rape, which is not supported by any evidence, including a medical evidence, prima facie indicates that the FIR has been lodged by the applicant to create a ground for cancellation of anticipatory bail only," opined the single judge bench. 

Therefore, court held that there was no good reason to entertain the application for cancellation of anticipatory bail and accordingly, rejected it. 

Case Title: Rabiya v. State of UP and Another