Judgment · High Court · 2007

R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - -B.A.No. 3663 of 2007 - - - - - - - - - - - - - - - - - - - - - -Dated this the 18th day of June, 2007

O R D E RApplication for anticipatory bail. The allegation against thepetitioner is that at 8.30 p.m. on 4.6.2007 he allegedly attempted tocause injuries on the defacto complainant, who was riding a twowheeler with a helmet worn. The acid thrown on her did not causeinjuries on her vital parts because of the circumstances, but they leftbehind acid burns on other parts of the body. The defactocomplainant was not able to identify the petitioner. But his brother, who came running hearing the cries of his sister, saw the petitionerrunning away.

The case is that they were in close intimacy with eachother. The relationship was strained and which allegedly promptedthe petitioner to unleash an attack on the defacto complainant. To thedoctor the petitioner was not named. But in the F.I.R. registered, thepetitioner's name is revealed clearly. The learned counsel for thepetitioner submits that the allegations are raised vexatiously becauseof the strained relationship. At any rate, the allegation under Section B.A.No. 3663 of 2007 2308 I.P.C. has been included with the transparent intention to ensure thatthe petitioner does not secure an order of bail from the learned Magistrate.

I shall carefully avoid any expression of opinion on merits. Suffice it to say that, on an anxious consideration of all the relevant inputs,I am not at all persuaded to agree that this is a fit case where the extraordinary equitable discretion under Section 438 Cr.P.C. can or ought to beinvoked in favour of the petitioner. This I am satisfied is a fit case wherethe petitioner must resort to the ordinary and regular procedure of appearingbefore the Investigator or the learned Magistrate having jurisdiction andthen seek bail in the ordinary course.

This application is hence dismissed. (R. BASANT)Judgetm