NEW DELHI: An accused cannot and must not seek bail under the garb of anticipatory bail, a court has observed while dismissing the anticipatory bail plea of a sub-inspector, accused of allegedly raping a woman constable.
Special Pocso judge said the investigation was complete and the officer-in-charge of the police station concerned or any other police officer did not arrest the accused on such an accusation.
The court said the chargesheet was presented without his arrest, so at this point when the accused had moved the anticipatory bail plea, the threat/apprehension of the arrest didn’t exist. “The present application is post facto, meaning whatever effects, the allowing of the anticipatory bail application would have caused, have already resulted. Thus, the court has no relief to provide to the accused in the present application,” it said on July 7.
It further said it would have been a different scenario if the application would have been for grant of bail under CrPC 439. “The accused cannot and must not seek bail under the garb of anticipatory bail. The distinction between the power of the court as conferred by Section 438 and Section 439 of CrPC must be honoured,” it added.
The accused had moved the trial court after Delhi High Court asked it to consider the anticipatory bail plea, finding that its earlier order in which the plea was dismissed did not reflect any legal basis.
Advocate Manish Bhadauria, appearing for the complainant, had argued that the bail application should be dismissed as the allegations against the accused were grave in nature.
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