Attempt To Hoodwink Court: Delhi HC Rejects Anticipatory Bail Application Noting Parallel Plea Before Sessions Court
The Delhi High Court dismissed an anticipatory bail application after finding that the accused had filed parallel anticipatory bail pleas before two different courts, which were being heard on the same day, terming the conduct a "clear abuse of process in the name of liberty".
A bench of Justice Girish Kathpalia observed that there was no acceptable explanation for filing two anticipatory bail applications simultaneously, one before the Sessions Court and another before the High Court, without proper disclosure.
The case came to light when the Additional Public Prosecutor informed the Court that an anticipatory bail application filed by the accused was already being heard that day before the Sessions Court.
The APP produced a copy of the Sessions Court application, which bore the original stamp, confirming that it was actively under consideration. The Court further noted that the accused had engaged different counsels for the two forums.
While the counsel appearing before the High Court claimed ignorance of the parallel proceedings on the ground that she was instructed by the accused's mother, the Court found the explanation "not truthful," as the vakalatnama, bail application and supporting affidavit were all signed and sworn by the accused himself.
When the Court questioned the accused, who was appearing by videoconferencing, he failed to provide a satisfactory explanation and appeared 'evasive', stating that his mother had handled the filing of the applications and that he was unaware of the details.
Rejecting this submission, the Court noted that the accused is a "grown-up man" and held that such conduct amounted to a deliberate attempt to mislead.
"This is nothing but an effort to hoodwink the court", Justice Kathpalia observed. Consequently, the anticipatory bail application and the accompanying application were dismissed.
Appearance: Ms. Shweta S. Kumar, Advocate with petitioner in person (through videoconferencing); Mr. Sanjeev Sabharwal, APP for State with SI Vishal, PS Bhlaswa Dairy.
Case title: Harsh v. State
Case no.: BAIL APPLN. 300/2026