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J. B. PARDIWALA, SANDEEP MEHTA
Phireram – Appellant
Versus
State Of Uttar Pradesh – Respondent
ORDER :
1. Leave granted.
2. This appeal arises from the order passed by the High Court of Judicature at Allahabad dated 11.04.2025 in Criminal Miscellaneous Bail Cancellation Application No.93 of 2025 (for short, the “Impugned Order”), by which the application filed by the appellant herein-the original complainant seeking to get the bail of the accused persons cancelled on the ground that they are administering threats to the witnesses came to be finally disposed of with some directions.
3. The Impugned Order being very short, we quote it as under: -
2. Heard learned counsel of complainant/First Informer and learned Government Counsel and perused file.
3. It is the averment of learned counsel of complainant/first informer that bail has been granted to accused/Opposite Party No.2 on conditions mentioned in the bail order, but accused/Opposite Party No.2 has violated the conditions mentioned in the
(1) Cancellation of bail – Considerations for cancellation of bail must always be on the basis of well settled principles – Intimidation of witnesses is sufficient to revoke liberty granted.(2) Witne....
Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent ground....
Witness tampering and influence allegations demand thorough scrutiny, and bail can be canceled on the balance of probabilities if interference with justice is established.
Bail cancellation requires evidence of supervening circumstances or misuse like witness threats; absent proof, bail not cancelled. Informant's demand for money to compromise constitutes interference ....
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....
Cancellation of bail requires substantial evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The Special Court under the SC/ST (POA) Act is empowered to cancel bail granted by the High Court for violating bail conditions as per Section 439(2) of the Cr.P.C.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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