Filing of Anticipatory Bail Application during pendency of Regular Bail Application is misuse of process of law
Banti Sharma v. State of UP & Another
Anticipatory Bail Application 11952/2023
Before Allahabad High Court
It was rejected on 01.11.2023 by the Bench of Hon’ble Mr. Justice Krishan Pahal J
Background
The present application for anticipatory bail has been filed for anticipatory bail for offence under Sections 420, 406 I.P.C., Police Station Harduaganj, District Aligarh, during the pendency of trial.
Applicant, who is the Supervisor in the company, along with other co-accused persons is alleged to have usurped the money of several persons who had deposited their money in the company as policy bond.
Submission of the Counsel of the Applicant
The applicant is not named in the FIR and his name has come up later during investigation.
The applicant is a bona fide person and has cooperated during investigation and complied with the provisions of Section 41-A Cr.P.C. Subsequently the charge-sheet was submitted against him which he had challenged by filing application under section 482 Cr.P.C.
His 482 Petition was disposed of on 31.8.2022 with direction to file discharge application before the court concerned under Section 239 Cr.P.C.
Discharge application was rejected by the Trial Court on 13.9.2022.
The applicant then challenged the rejection order in discharge application before this Court by filing Criminal Revision.
Criminal Revision was also dismissed on 6.4.2023 by this Court.
The applicant than filed another petition under Section 482 Cr.P.C. for quashing the entire proceedings which was also disposed of on 11.7.2023 by this Court with liberty to the applicant to appear before court concerned and file appropriate application for bail.
The applicant the filed regular bail application on 28.7.2023 & the same is pending before the Trial Court.
Submission of the State Counsel
The applicant had twice agitated the provisions of Section 482 of Cr.P.C. and once the provisions of Section 397 Cr.P.C. before this Court by filing criminal revision and failed in it.
Subsequently, filed anticipatory bail application pending during pendency of regular bail application filed in the court concerned on 28.7.2023, as such, the matter tantamounts to forum shopping.
NBW has been issued against the applicant on 18.11.2022 and he is not appearing before the court concerned.
The present application is just misuse of process of Court and law.
Observation of the Court
Filing of an anticipatory bail application, while there being a regular bail application pending, is misuse of process of Court.
The applicant is used to filing multiple applications and petitions at various forums including the High Court.
These acts are a classic example of forum shopping and it cannot be permitted to keep on going so eternally.
The fact that applicant had filed several petitions before this Court thrice and failed and there is pending regular bail application of the applicant before the court concerned, I do not find it a fit case for grant of anticipatory bail to the applicant.
Order
Anticipatory Bail application was rejected.
Seema Bhatnagar