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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Anil Kumar Shrivas, S/o Shiv Prasad Shivas – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Arvind Kumar Verma, J.
1. The applicant has preferred this petition under Section 439 (2) of IPC seeking cancellation of bail granted to respondent No.2/accused vide order dated 03.08.2023 in Bail petition No. 2131/2023 granted by the learned First Additional Session Judge, Raipur (C.G.) (Annexure P/1).
2. Brief facts of the case are that the petitioner along with the other complainants has lodged the First Information Report against the Deepak Kumar Barad who is the CMD of Sai Trust Orissa and the said trust institution was facilitating for baby food and other social works for free. The respondent no. 2 allured the complainants in name of doubling their amount and providing them permanent job with fixed salary and appointed the petitioner as CG State Director at Delhi for receiving International Foreign Fund and by deceiving them has cheated an amount of Rs. 1,35,00,000/- (One Crore Thirty Five Lakhs). On the aforesaid description the FIR bearing No. 311/2023 was lodged by P.S. Tikrapara Raipur. The first bail application of respondent no.2 was rejected on 18/07/2023 looking into the gravity of offence, however later on the wife of accused Deepak i.e. Smt. Anjali Barad exe
Cancellation of bail requires cogent evidence of misuse or interference with justice, and mere non-payment of a disputed amount does not suffice.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
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 evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
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