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Issues: (i) Whether successive registration of FIRs (FIR No.20/2025 and FIR No.458/2025) constituted a mala fide abuse of the criminal process to keep petitioner No.1 in custody and whether petitioner No.1 is entitled to be released on bail in those FIRs; (ii) Whether coercive action should be restrained against petitioner No.2 during the pendency of the petition.
Issue (i): Whether successive FIRs were mala fide and whether petitioner No.1 is entitled to bail in FIR No.20/2025 and FIR No.458/2025.
Analysis: The petition record shows that petitioner No.1 had been called for inquiry in an earlier FIR and that two subsequent FIRs were registered after this Court had granted interim bail; the timing and sequence of registrations and remands indicate a pattern aimed at prolonging custody. Applicable constitutional provisions invoked include Article 32 read with Article 142 and the petition raised alleged violations of Articles 14, 19 and 21. Criminal law framework includes offences alleged under specified sections of the Indian Penal Code, 1860 and provisions of the Prevention of Corruption Act, 1988. The registrational chronology, remand orders following grant of bail by this Court, and the absence of prior prosecution activity over many years were treated as material in assessing whether the process was being abused to frustrate the effect of bail.
Conclusion: Petitioner No.1 is entitled to be released on bail in FIR No.20/2025 and FIR No.458/2025. This conclusion is in favour of the appellant.
Issue (ii): Whether coercive action should be restrained against petitioner No.2 during the pendency of the petition.
Analysis: Petitioner No.2 had not been arrested at the time of decision. Given the findings on the pattern of successive FIRs and the need to protect personal liberty while investigation proceeds, a protective restraint on coercive steps was considered appropriate, subject to cooperation with the investigation.
Conclusion: No coercive steps shall be taken against petitioner No.2 subject to her cooperation with the investigation. This conclusion is in favour of the appellant.
Final Conclusion: The writ petition is allowed; petitioner No.1 is directed to be released on bail in the specified FIRs and coercive action against petitioner No.2 is restrained on the stated condition, thereby providing protective relief to the petitioners while preserving investigative rights of the State.
Ratio Decidendi: Where successive criminal proceedings are instituted in sequence after judicial bail to defeat the effect of that bail and to perpetuate custody without independent supporting circumstances, such registrations constitute abuse of process and justify grant of bail and protective restraint on coercive action.
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