'Liberty Of Squadron Leader Serving Country At Stake': Jharkhand High Court Grants Anticipatory Bail To IAF Officer Booked In Cruelty FIR

The Jharkhand High Court on Tuesday (December 16) granted anticipatory bail to a Squadron Leader serving in the Indian Air Force accused of receiving dowry and inflicting cruelty upon his wife, noting that the circumstances were exceptional and peculiar where liberty of an officer serving the country was at stake. In doing so the court also noted that the petitioner was not absconding and was infact participating in the investigation. The petitioner was apprehending arrest in connection with FIR for offences registered under Section 85 [husband or his relatives subjecting woman to cruelty], 115(2) [punishment for voluntarily causing grievous hurt], 126(2) [punishment for wrongful restraint], 127(2) [punishment for wrongful confinement], 303(2) [punishment for theft], 351(2) [punishment for criminal intimidation], 352 [intentional insult to breach peace] read with 3(5) [common intention] of BNS. The FIR was also registered under Section 3 and 4 of the Dowry Prohibition Act [penalty for giving/taking/demanding dowry]. Additionally, process under Section 82 of CrPC— which authorises the Court to publish a written proclamation if it suspects that recipient of a warrant has absconded or is concealing himself to negate the execution of the warrant— was issued against him, despite him cooperating with the investigation.In this backdrop, Justice Sanjay Kumar Dwivedi observed that the process under section 82 CrPC “tightens the hands of the Courts of passing anticipatory bail order or granting anticipatory bail however total embargo consideration of the facts cannot be said to be there. The Court is required to see the circumstances of the case, the nature of the offence and the background on which such proclamation was issued.”Noting that the circumstances under the present case were 'exceptional', the Single Judge concluded,“.. the liberty of the petitioner, who happened to be Squadron Leader serving the country, is at stake and this a peculiar case and the circumstances in the instant petition are exceptional. In course of argument it has been pointed out that the I.O. has even visited the place of posting of the petitioner for arrest. In the case in hand, the petitioner is not absconding rather he is participating the investigation as per the order of the learned Sessions Judge. As such, it is a fit case to grant anticipatory bail to the petitioner, and in the attending facts and circumstances of the present case, anticipatory bail application of the petitioner is allowed…”BackgroundThe petitioner argued that he is serving in the Indian Airforce, wherein his wife a dental surgeon and a Lecturer, was unwilling to live with him despite the petitioner willing to re-unite. It was submitted that while his family members, who were also roped in as accused, were granted anticipatory bail, a non-bailable warrant (NBW) was issued against the petitioner and a challenge to the same was earlier rejected by the District and Sessions Judge. The petitioner had filed anticipatory bail before the Session Judge, who had directed the petitioner to surrender and join the investigation. While the petitioner appeared before the investigation officer, process under Section 82 of CrPC was issued against him.In his application seeking anticipatory bail before the High Court, he argued that despite compliance with the order of the Sessions Judge which required him to join the investigation, process under Section 82 CrPC was issued against him, thereby jeopardising his liberty. In contrast, the State opposed the grant of anticipatory bail.Case Title: X v. State of Jharkhand & AnotherLL Citation: 2025 LiveLaw (Jha) 95Case Number: A.B.A. No. 6844 of 2025Click Here To Read/Download Order

'Liberty Of Squadron Leader Serving Country At Stake': Jharkhand High Court Grants Anticipatory Bail To IAF Officer Booked In Cruelty FIR

Saahas Arora

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'Liberty Of Squadron Leader Serving Country At Stake': Jharkhand High Court Grants Anticipatory Bail To IAF Officer Booked In Cruelty FIR

Saahas Arora

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