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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Ritesh Pratap Singh @ Rewal Singh Rajput – Appellant
Versus
State of Chhattisgarh Through, Station House Officer, Police StationKunkuri – Respondent
Order :
(Arvind Kumar Verma, J.)
1. The instant petition under Section 528 of BNSS has been filed challenging the order of cancellation of bail dated 13/12/2024 in crime No.109/2023 registered at Police Station, Kunkuri for an offence under Section 363, 366, 376A, 376(2) (N), 506, 323, 34 of IPC and Sections 5 & 6 of the POCSO Act.
2. The brief facts of the case are that the complainant has lodged a report on 09.09.2023 with the allegation that his daughter who is class -12 student at Govt. Higher Secondary School had gone to her Badi mummy's house on 06.09.2023 at about 10:30AM at that time thepetitioner came in car and took her daughter forcibly with him along with his two friends. Despite prosecutrix Badi mummy's refusal applicant and his two companions forcibly made her to sit in an Alto car and abducted her, information of which was received by complainant at 10.53Am. Thereafter, on being searched she could not be traced out and subsequently he came to know that she has gone with petitioner along with some unknown persons so initially an offence under section 363 of IPC has been registered and subsequently when she was recovered she stated that she is having some love affair with
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 supervening circumstances; mere allegations are insufficient.
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....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
(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 ....
The court emphasized that the power to cancel bail demands overwhelming proof of changed circumstances or misuse of bail, maintaining that courts must be slow to intervene in bail decisions.
Cancellation of bail requires very cogent and overwhelming circumstances, and the emotional impact on the victim can be a crucial factor in assessing the gravity of the offence.
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