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VIKRAM NATH, SANDEEP MEHTA
Victim ‘X’ – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Mehta, J.
1. Heard.
2. Leave granted.
3. This appeal by special leave emanates from the order dated 18th January, 2024, passed by the learned Single Judge of the High Court of Judicature at Patna1[Hereinafter referred to as the “High Court”.] whereby, the appeal preferred by respondent No.2-accused2[Hereinafter referred to as the “respondent No.2”] under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19893[Hereinafter referred to as the “SC/ST Act”] was allowed and she was granted bail in connection with Mahila P.S. Case No. 17 of 2022 registered for the offences punishable under Sections 341, 323, 328, 376, 120- B read with Section 34 of the Indian Penal Code, 18604[Hereinafter referred to as the “IPC”] and Sections 3/4 of the Immoral Traffic (Prevention) Act, 19565[Hereinafter referred to as the “IT Act”] and Sections 3(1)(w)/3(2)(va) of the SC/ST Act. The appellant-victim herein is the informant in the said FIR.
4. The prosecution case as against respondent No.2 is that she while being posted as the Superintendent of the Uttar Raksha Grih, Gaighat, Patna indulged in administering intoxicating medicines and injections to th
Grant of bail – Bail once granted should not be cancelled ordinarily, but Courts are not powerless and are expected to exercise jurisdiction conferred by law to cancel undeserving bail orders so as t....
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
While considering an application for bail, all the relevant factors have to be weighed by the Court including the gravity of the offence, the evidence and material which prima facie show the involvem....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
The main legal point established in the judgment is that while granting bail, the gravity of the crime, character of the evidence, and the presumption of guilt under relevant acts should be considere....
Cancellation of anticipatory bail – It is only in a case where there are any supervening circumstances or allegations of misuse of liberty, then application for cancellation of bail can be entertaine....
Bail in serious offenses must consider all relevant evidence, especially victim statements, to prevent miscarriage of justice.
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
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