( 1 ) THIS petition filed under Sections 439 (2) and 482, Cr. P. C. read with Article 227 of the Constitution of India seeks the cancellation of bail granted to respondents 1 to 4 by the order dated 16th October, 1998 by an Additional Sessions Judge.

( 2 ) FACTS giving rise to this petition, in brief, are that the petitioner was married to Neeraj Gupta, respondent No. 3 on 3rd July, 1998 at Delhi. On a complaint made by the petitioner, FIR No. 997/98 under Sections 406/498-A/34, Indian Penal Code was registered at PS Sriniwas Puri on 14th October, 1998. Thereafter, on 15th October, 1998 search was conducted at the respondents residence No. A-57, New Friends Colony, New Delhi and respondents I to 4 were also arrested. Application filed by these respondents seeking anticipatory bail before the Additional Sessions Judge, after their arrest, was allowed to be treated as application for regular bail and they were admitted to bail by the order dated 16th October, 1998, the cancellation whereof is now sought by the petitioner. Application seeking cancellation of bail filed by the petitioner later on came to be dismissed by the Additional Sessions Judge by the order dated 14th January, 1999.

( 3 ) BEFORE adverting to the submission advanced on behalf of the petitioner I would like to refer to two decisions of the Supreme Court in Delhi Administration v. Sanjay Gandhi, AIR 1978 SC 961 and Raghubir Singh and Others v. State of Bihar, (1986) 4 SCC 481 which deal with the grounds on which bail can be cancelled under Section 439 (2), Cr. P. C.

( 4 ) IN Sanjay Gandhi s case (supra) on Page 965 of the report it was held that rejection of bail when bail is applied for is one thing, cancellation of bail already granted is quite another. It is easier to reject a bail application in a non-bailable case than to cancel a bail granted in such a case. Cancellation of bail necessarily involves the review of a decision already made and can by and large be permitted only if, by reason of supervening circumstances, it would be no longer conducive to a fair trial to allow the accused to retain his freedom during the trial.

( 5 ) IN Reghubir Singh s case (supra) it was held that the grounds for cancellation under Sections 437 (5) and 439 (2) are identical, namely, bail granted under Section 437 (1) or (2) or Section 439 (1) can be cancelled where (i) the accused misuses his liberty by indulging in similar criminal activity; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence or witnesses; (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation; (v) there is likelihood of his fleeing to another country; (vi) attempts to make himself scare by going underground or becoming unavailable to the Investigating Agency; and (vii) at tempts to place himself beyond the reach of his surety, etc. These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interfers with the liberty of the individual and hence it must not be lightly resorted to.

( 6 ) SUBMISSION advanced by Ms. Mukta Gupta appearing for the petitioner was that the view taken by this Court in the decisions in Jagdish Thakkar v. State of Delhi, 1993 JCC 117 and Ravi Pranja v. State, 1997 JCC 123 that the recovery of dowry articles cannot be made the subject matter of criminal proceedings, is contrary to the law laid down by the Supreme Court in the decision in Pratibha Rani v. Suraj Kumar and Another, AIR 1985 SC 628. Further submission made by her was that jewellery worth more than Rs. 34 lakhs belonging to the petitioner, is yet to be recovered and at the time order dated 16th October, 1998 was passed, it was misrepresented that only two more articles remained to be recovered from the respondents and, therefore, the bail deserves to be cancelled.

( 7 ) IT may be noticed that reference to the two dec