Can delay in Registration of FIR be a ground for Anticipatory Bail? NO says HC, Read Orde

 

The Punjab and Haryana High Court has reiterated that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.

The single-judge bench of Justice Rajesh Bhardwaj in this view denied anticipatory bail to one person who has been booked under Sections 354, 354- A, 354-D and 452 of IPC for allegedly stalking, sexually harassing and assaulting a girl with the intent to outrage her modesty.

Learned Counsel for the petitioner contended that the petitioner has been falsely implicated in this case and also cited unexplained delay in lodging the FIR.

 

The Court after looking at the nature of offences and facts of the case remarked that as per precedents laid down by Apex Court that delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail.

Rather, it described that it has been insisted that factors like gravity of the offence, antecedents of the accused, probability of the accused tampering with the ongoing investigation and his possibility of fleeing from the justice should be considered by Courts.

Referrence was made to State Rep. By The C.B.I. Vs. Anil Sharma, 1997 Latest Caselaw 618 SC and in that view it was observed that the petitioner deserves no leniency for the grant of anticipatory bail in view of the statutory provisions and the law settled.

Denying the bail therefore, the Court observed:

"The facts and circumstances of the present case where the petitioner accused has been alleged to have been harassing the prosecutrix repeatedly are to be taken seriously. The case needs a thorough and fair investigation to unravel the truth in the allegations levelled."  

Social media is bold.

Social media is young.

Social media raises questions.

 Social media is not satisfied with an answer.

Social media looks at the big picture.

 Social media is interested in every detail.

social media is curious.

 Social media is free.

Social media is irreplaceable.

But never irrelevant.

Social media is you.

(With input from news agency language)

 If you like this story, share it with a friend!  

We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure