The Lucknow Bench of the Allahabad High Court has observed a trend nowadays that after grant of anticipatory bail/bail, the informants’ lodge fresh FIRs/Complaints to create a ground for cancellation of anticipatory bail/bail.
A single-judge bench of Justice Subhash Vidyarthi heard a Criminal Misc Bail Cancellation Application filed by Rabiya.
This is an application for cancellation of an order dated 10.08.2023 passed by the Court in Criminal Misc Anticipatory Bail Application, whereby the opposite party No 2 has been granted anticipatory bail.
The Court noted,
Cancellation of the aforesaid order has been sought on the ground that subsequent to grant of anticipatory bail, on 09.03.2024, the applicant has lodged another FIR against the opposite party No 2 alleging that the applicant forcibly entered her house in the night of 11.12.2023, threatened and raped her.
However, the applicant has not been medically examined and there is no material to prima facie support the aforesaid allegation levelled by her.
The Court further observed that the lodging of FIR containing serious allegation of rape, which is not supported by any evidence, including medical evidence, prima facie indicates that the FIR has been lodged by the applicant to create a ground for cancellation of anticipatory bail only.
The Court found no good ground to entertain the application for cancellation of anticipatory bail.
Accordingly, the application for cancellation of an order dated 10.08.2023 passed by the Court in Criminal Misc Anticipatory Bail Application is hereby rejected by the High Court.