HIGH COURT OF CHHATTISGARH, BILASPUR
Shri Justice Arvind Kumar Verma, J
Parasmani Chandrakar @ Paras S/o Shankar Lal Chandrakar – Appellant
Versus
Vishnupriya Mahapatro W/o Rajendra Kumar Mahapatro – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This petition has been preferred by the petitioner under Section 439(2) of CrPC challenging the order dated 15.07.2022 (Annexure P/1) passed by the 1st Additional Sessions Judge, Raipur, District Raipur (C.G.) in MJC No.21/2022, whereby application for cancellation of bail granted to respondents No.1 & 2 by the lower Court vide order dated 01.01.2022 and 03.03.2022 (Annexure P/2) was rejected.
2. Relevant facts for disposal of this petition is that the petitioner while he was in jail, a made a compliant through Jail Superintendent to the Police Station Arang that the accused/respondent No.1 by making conspiracy have registered a false complaint against the petitioner, on the basis of which, the police of Police Station Khamtari has registered the FIR as Crime No.678/2021 for the offence under Section 376, 376 (2) (N) of Indian Penal Code and Section 6 of Protection of Children from Sexual Offence Act against the petitioner and because of that he was in jail who later on granted bail from this Court. The petitioner in his complaint has stated that the respondent No.1 who is a married woman and his husband name is Rajendra Mahapatro and having two chi
Cancellation of bail requires cogent evidence of misuse or supervening circumstances; mere allegations are insufficient.
Cancellation of bail requires cogent circumstances; mere allegations are insufficient without substantial evidence.
Cancellation of bail requires cogent evidence of supervening circumstances; mere allegations are insufficient.
Cancellation of bail requires cogent and overwhelming circumstances; the trial Court's failure to adhere to this principle constituted a grave illegality.
(1) Cancellation of bail – Bail once granted should not be cancelled in a mechanical manner.(2) Rejection of bail stands on a different platform as compared to cancellation of bail which is considere....
The main legal point established is the requirement for supervening circumstances to justify the cancellation of bail and the need to establish coercion or deceit in cases of sexual intercourse based....
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
Cancellation of bail requires cogent evidence of misuse or interference with justice, and mere non-payment of a disputed amount does not suffice.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
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