Misrepresentation & Hiding True Facts: Rajasthan High Court Cancels Anticipatory Bail Of Defence Personnel

The Rajasthan High Court cancelled the anticipatory bail granted to a defence personnel, citing misrepresentation and concealment of facts, particularly the grievous injury suffered by the victim. The court said that these details and the addition of Section 326 IPC were not disclosed during the initial bail hearing.

Justice Farjand Ali observed that “The benefit of anticipatory bail granted to the respondent-accused should be cancelled owing to the misrepresentation and concealment of true facts, especially regarding the grievous injury to the victim’s left eye and the addition of Section 326 of the IPC.”

Additionally, “As per the medical report, the victim sustained four grievous injuries. The situation has aggravated when observed that the victim had lost vision of his left eye permanently. Loss of vision of one eye permanently would certainly a very serious thing and the above fact was not brought to the notice of this court either by the counsel for the State or counsel for the respondent-accused."

Advocate Shyam Paliwal appeared for the petitioner, and Assistant Government Advocate Rajesh Bhati represented the respondent.

An application was filed seeking the cancellation of anticipatory bail granted to the accused, who is a defence personnel serving as an LDC in the Air Force. The bail was initially granted based on minor charges, but the facts, including the grievous injuries sustained by the victim and the addition of Section 326 of the IPC, were not fully presented. The court reconsidered the case and found that the bail should be cancelled due to misrepresentation and the serious nature of the charges.

Cause Title: Ramesh Kumar v. State Of Rajasthan & Anr. (S.B. Criminal Bail Cancellation Application No. 3/2024)

Appearance:

Petitioner: Advocate Shyam Paliwal

Respondent: Assistant Government Advocate Rajesh Bhati, Advocate Mahesh Thanvi

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