The main legal point established in the judgment is that the violation of bail conditions, involvement in other offenses, and continuous threats to the complainant were compelling reasons for the cancellation of bail. The court also emphasized that the period of detention alone was not a sufficient ground for granting bail, especially considering the respondent's antecedents and post-release conduct.

SUNITA GUPTA, J.

1. Feeling aggrieved by the order dated 28th April, 2014 passed by learned ASJ-03, Patiala House Courts, New Delhi in case FIR 280/13 u/s 376/406/506 IPC registered with PS Vasant Vihar, New Delhi, both State as well as the complainant have filed separate Criminal M.C.Nos.3161/2014 and 2100/2014 respectively seeking quashing and cancellation of bail granted to the respondent.

2. Before going into the grounds for cancellation of bail, it will be relevant to note the factual matrix of the case:-

a. The FIR in question was registered on the complaint of Ms. Jyoti Sawhney on 26th July, 2013 on the allegations that the respondent has been raping her repeatedly on the pretext of marriage. The complainant has also given Rs.4 crores to the respondent by way of entrustment and he also threatened the complainant.

b. The respondent/accused was already in custody in some other case and was arrested in this case on 28th July, 2013.

c. Pursuant to the bail application moved by the accused, vide order dated 17th August, 2013, he was granted bail by learned ASJ, Patiala House Courts, New Delhi on furnishing personal bond of Rs.1 lac with direction to remain out of National Capital Territory of Delhi till the statement of PWs/complainant is over and only to visit Delhi when he was required by the Courts amongst other conditions.

d. It is alleged that immediately after getting the bail, the respondent started misusing his liberty and in violation of the condition of bail, started threatening the petitioner. On 22nd August, 2013, on the complaint of the complainant, an NCR vide 1455/13 u/s 506 IPC was registered against the respondent wherein it was stated that in violation of bail order, the respondent is roaming in Delhi and further threatened the complainant for life.

e. Another complaint was submitted by the complainant on 23rd August, 2013 to SHO, PS Vasant Vihar against one Jaswinder Singh from Punjab for making a threatening call and calling upon her to withdraw the complaint against Sunny Walia.

f. On 25th August, 2013, a complaint was made to SHO, Vasant Vihar by the petitioner about receiving threatening calls from the allies of accused Sunny Walia threatening to kill her and request was made to take necessary action on her complaint as no action was taken on her earlier complaints.

g. Again on 1st September, 2013, a complaint was made to SHO, Vasant Vihar by the complainant about the violation of the bail order by the accused as he was roaming freely in Delhi and although the complaint was registered vide DD No. 52B, however, no action was taken.

h. On 4th September, 2013, a detailed representation was submitted to the IO of the case seeking verification of the presence of the accused in NCT of Delhi in violation of bail order dated 17th August, 2013. Request was also made to verify the location of accused and to collect CCTV footage of the concerned areas.

i. An application was moved by the complainant for cancellation of the bail before the Court concerned for flouting the conditions of bail. Notice of the application was given to the respondent. It transpired that the respondent was lodged in Mumbai jail since 11th October, 2013 in case FIR 20/13 u/s 420/465/467/468/471/120B PS Bandra, Mumbai. His father who stood surety for him was repeatedly called, who failed to appear.

j. vide order dated 22nd November, 2013, the bail granted to the respondent vide order dated 17th August, 2013 was cancelled on the grounds:-

(i) One of the general condition for grant of bail is that accused will not tamper with the evidence or threaten the witnesses/complainant. It is stated in the complaint that on 22nd August, 2013 complainant received the call from the mobile phone No. 8427535477. It is stated that this mobile phone is being used by Sunny Walia. The complainant was further threatened on the night of 24/08/2013 and in the