The Delhi High Court has dismissed an anticipatory bail plea after finding that the accused had simultaneously filed two identical bail applications before different courts, terming the conduct a “clear abuse of process in the name of liberty.”
Justice Girish Kathpalia noted the respondent’s submission that while the Sessions Court was already hearing an anticipatory bail application filed by the accused on the same day, another application was pressed before the High Court without any disclosure of the parallel proceedings. The Court rejected the explanation that the second application was filed on the instructions of the accused’s mother, observing that both applications were signed and supported by affidavits sworn by the accused himself.
The Court recorded that when the accused appeared via videoconferencing, he was “completely evasive” when questioned about the filing of two anticipatory bail applications and claimed that everything had been done by his mother. Rejecting this explanation outright, the Court observed that the accused was a “grown-up man” and could not feign ignorance of proceedings personally initiated by him.
Holding that this was a deliberate attempt to “hoodwink the court,” the High Court dismissed both the anticipatory bail application and the connected plea.
Appearances
Petitioner- Ms. Shweta S. Kumar, Advocate with petitioner in person (through videoconferencing).
Respondent- Mr. Sanjeev Sabharwal, APP for State with SI Vishal, PS Bhlaswa Dairy.
