IMPORTANT POINT
The judgment emphasizes the distinction between rejection of bail at an initial stage and cancellation of bail after it has been granted, and highlights the grounds for cancellation of bail as interference with the administration of justice, attempt to evade justice, or abuse of concessions granted to the accused.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Tyagi, learned Counsel appearing for the Applicant (through V.C.) Mr. Gaikwad, learned APP appearing for the Respondent-State and Mr. Nikam, learned Counsel appearing for Respondent No. 3.

2. The Criminal Application is preferred seeking quashing and setting aside of bail Order dated 16th August 2023 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No. 4940 of 2023 (“impugned order”) and for cancellation of bail granted to the Respondent No. 3.

3. It is the contention of Mr. Tyagi, learned Counsel appearing for the Applicant that the Respondent No. 3 i.e. the Accused had approached the Applicant i.e. the victim through a matrimonial website and thereafter established a physical relationship with the Applicant. A WhatsApp group was also created by the family members of Respondent No. 3 and that of the Applicant. He submitted that the Respondent No. 3 established a physical relationship with the Applicant by making a promise of marriage and thereafter, the Respondent No. 3 married a different woman. Therefore, an offence under Sections 376(2)(n), 377 and 504 of the Indian Penal Code, 1860 is made out. He further submitted that the false promise of marriage made to the Applicant was only for the purpose of establishing physical relations with the Applicant on the pretext of marriage. He relied on the decision of the Supreme Court of India in the case of Puran vs. Rambilas, (2001) 6 SCC 338 and particularly on paragraph no. 11 thereof. He submitted that the Order granting bail passed by the learned Trial Court is a mechanical order and is perverse as the factual aspects have not been taken into consideration. He also relied on the decision of the Delhi High Court in the case of Anil Nirwan vs. State (NCT of Delhi), 2024 SCC Online Del. 3 and particularly on paragraph no. 18 thereof.

4. On the other hand, Mr. Nikam, learned Counsel appearing for Respondent No. 3 submitted that even a bare perusal of the F.I.R. shows that the relationship between the Applicant and the Respondent No. 3 was consensual. The said contact between the Applicant and the Respondent No. 3 was established in the year 2021 through a matrimonial website and the F.I.R. has been lodged only on 23rd July 2023. He submitted that although the Applicant and the Respondent No. 3 came in contact with each other through a matrimonial website, thereafter there was a constant exchange of messages between them and thereby consensual relations developed between them. He submitted that both - the Applicant and the Respondent No. 3, were never serious about their relationship. He submitted that investigation is completed and Charge-sheet is fled. Respondent No. 3 has been released on bail on 16th August 2023. He further submitted that in the Application for cancellation of bail, there is no allegation whatsoever, made out that the Respondent No. 3 has violated any of the bail conditions.

5. It is well established that there is a distinction between rejection of bail in a case of non-bailable offence at an initial stage and cancellation of bail after it has been granted.

6. The Supreme Court of India in the case of X vs. State of Telangana, (2018) 16 SCC 511 has reiterated the law in this regard in paragraph nos. 14 and 15, which read as under:

“14. In a consistent line of precedent this Court has emphasised the distinction between the rejection of bail in a non-bailable case at the initial stage and the cancellation of bail after it has been granted. In adverting to the distinction, a Bench of two learned Judges of this Court in Dolat Ram vs. State of Haryana observed that: (SCC pp. 350-351, Para 4)

“4. Rejection of a bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, broadly (illustrative and not exhaustive)