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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
ABC – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. The petitioner has preferred this petition for cancellation of bail granted to respondent No.2/accused by learned Additional Sessions Judge, (POCSO), Raipur, (CG) vide order dated 14.10.2024 (Annexure P-3).
2. Relevant facts for disposal of this petition is that on 15.09.2024 complainant (father of victim) has lodged report before the concerned Police Station mentioning therein that accused/respondent No.2 herein has harassed her daughter, pressurize for marriage and also threatened to kill her, if she disclosed the harassment. Based upon the report, FIR was registered against the accused for offence under Sections 75, 351(2) of BNS and Section 08 of the POCSO Act and he has been arrested on 28.09.2024. However, learned Session Judge vide Annexure P-3, has granted bail to the accused on certain terms and condition.
3. Learned counsel for the petitioner submits that this petition has been filed challenging the order Annexure P-3 on the ground of it being perverse in law as learned Session Court while granting bail to the accused has failed to considered the evidence/material and facts and circumstances of this case in its true perspective. Further, ac
Cancellation of bail requires cogent evidence of supervening circumstances; mere allegations are insufficient.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Cancellation of bail requires cogent and overwhelming circumstances; the trial Court's failure to adhere to this principle constituted a grave illegality.
Cancellation of bail requires cogent evidence of misuse or supervening circumstances; mere allegations are insufficient.
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....
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
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.
Bail cancellation requires cogent reasons; mere involvement in a subsequent crime does not justify cancellation without evidence of interference with justice.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
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