Legal Advice on Anticipatory Bail on the Ground of Previous Relationship between the Accused and the Complainant | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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“The past relationship between the accused and the complainant is always considered while granting anticipatory bail or regular bail in a criminal trial. Further, the same is a valid criminal defense under the criminal law and act as a deciding factor in a criminal case. If the past relationship i.e. direct relationship can be established then the same can help in achieving a direct corollary and relationship between the accused and the complanant.”
Anticipatory bail can be sought on the ground that there is no relationship between the accused and complainant and the allegations are vague in nature or frivolous case is launched against the accused.
Grant of Anticipatory Bail on the Ground of Previous Relationship between the Accused and the Complainant: Best Criminal Lawyer Advice
Relationship between the accused and the complainant matters a lot, if the accused have no relation with the complainant, then it also suggests that the case launched against the accused is frivolous and the allegations are made on groundless basis and vice-versa if the accused have any sort of relationship with the complainant, then the question is if the relationship between the accused and the complainant is bitter or not. If the relation between the accused and the complainant is bitter then, it can be taken as a ground that the allegations are false and made with the sole objective to humiliate the accused or harass the accused by arresting him or her. so, in cases where the accused had no relationship with the complainant, or a bitter relationship with the complainant it is easy to get anticipatory bail by the Court as it can be argued that the allegations are false and frivolous case is launched against the accused.
Relationship between the accused and the complainant is a prominent factor to be kept in mind while deciding whether to grant anticipatory bail to the accused or not. The Courts are directed to consider the fact if there is dishonest motive behind the allegations against the accused. The Court is very clear in this matter that the allegations against the accused must not be false or made with mala fide intention. It is also discussed in many cases by judiciary that there have been cases of misuse of power by the police by detaining a person on false grounds because of personal grudges, regarding this the directions are given by the hon’ble Supreme Court to keep in mind the factor of dishonest intentions. According to the Court the accused should not be humiliated or harassed in order to satisfy the enmity or personal vendetta of the complainant and it is a valid ground to seek for anticipatory bail. The Court considers granting bail on the ground that accused should not be harassed due to false allegations made by the complainant in order to humiliate the accused.
Case Laws
HDFC Bank Limited V. J.J. Mannan [(2010)1 SCC 679]- In this case the accused was granted anticipatory bail by the hon’ble high Court but later the hon’ble Supreme Court passed an order dismissing the grant of bail. The hon’ble Supreme Court stated in this case that the accused should not be humiliated or harassed in order to satisfy the enmity or personal vendetta of the complainant.
Sushila Aggarwal V. State (NCT of Delhi) [ (2020)5 SCC 1]- In this recent case it was discussed by the Hon’ble Supreme Court that too often the objective behind the arrest of the accused is to harass or humiliate the citizens or some time because of enmity or personal vendetta, the arrest is made in the interest of powerful individual and that is what led to enactment of Section 438 of Criminal Procedure Code. In this case parameters to be kept in mind before granting the bail were also discussed and the Court considers granting bail on the ground that accused should not be harassed due to false allegations made by the complainant in order to humiliate the accused is also one of those parameters.
It can be concluded that if the case against the accused is launched due to some personal grudges or personal vendetta with the mere intention to humiliate the accused o harass the accused by arresting him/her then it can be taken as a ground for bail and Court would consider granting bail if the Court is convinced about this.
Authored By: Adv. Anant Sharma & Anjali Swami