Misuse of bail by threatening witnesses and engaging in criminal activity constitutes valid grounds for cancellation of bail.

JUDGMENT

Mukta Gupta, J. (Oral)

CRL.M.C. 2538/2019

1. Registry at the outset will show the name of the petitioner as `J' simplicitor.

2. Respondent No. 2 was granted bail in case FIR No. 288/2018 under Section 376/313 IPC registered at P.S. Nihal Vihar.

3. By this petition, the petitioner seeks cancellation of bail of respondent No. 2 on the ground that after the grant of bail, respondent No. 2 has been abusing the concession of the grant of bail to him.

4. The petitioner lodged FIR No. 288/2018 at P.S. Nihal Vihar against respondent No. 2 for the offence punishable under Section 376/313 IPC. Respondent No. 2 applied for regular bail before this Court which was granted vide order dated 31st July, 2018, on the nature of allegations and also because of the fact that it had been two months while the respondent No. 2 was in custody. The respondent No. 2 was released from custody pursuant to the order of this Court dated 31st July, 2018 and it is alleged that thereafter he started threatening the petitioner by putting up messages on the Whatsapp status, which are threatening in nature so as to intimidate the petitioner herein. Besides, the respondent No. 2 also assaulted the petitioner on 21st February, 2019 when she was medically examined by SGM Hospital and MLC bearing No. 2424/19 was prepared whereby Doctor opined that injury was by sharp weapon and on that basis, FIR No. 82/2019 under Sections 324/195A/506 IPC was registered. The respondent No. 2 was arrested on the said FIR and admitted to bail on 28th March, 2019. Immediately on release, the petitioner again gave a complaint against respondent No. 2 wherein, she alleged stalking and threatening by respondent No. 2 along with his friend while asking the petitioner to withdraw the cases.

5. Some of the threatening posts put up by the respondent No. 2 on his Whatsapp are as under:

(i) main ab tenson free hu. ab tenson kisi aur ko honewali hai wo bhi bahut jabardust.

(ii) ha main pagal hu. pagal hu. tumhe maar dalunga

(iii) kal nipta dunga ab hisab barabar ho jayega

(iv) kya karu ab to ak hi rasta bachha hai ya khud mar jaun ya kisi ko maar ke mar jaun

(v) he bhagwan usko kabhi pyar mat dena hamesha roye wo pyar ke liye aur na uska kabhi ghar base na uske bacche ho wo aise he road par ghume puri jindgai raad banker

(vi) he kali mata itna karna ki uska kabhi ghar na base wo puri jindagi raad rahe

(vii) tumhare sarir me kide padenge

(viii) tumne mujhe jail bhijway jao tumhara na kabhi ghar basega or na pariwar ka such milega aur no tum kabhi maa banogi

(ix) mohan is back

(x) jindagi me hamesa raad banker he ghumoge

(xi) kisi ne mere sath galat kiya tha case karke kya ukhad liya mere aur age bhi kuchh nahi kar payega thu thu thu thu thu tumhari anath ghatya jindage ke liya

(xii) jana hai to jao. main aunga jarur besak mana kr dena us time ya mat milana

(xiii) tumhare upar aj bahut gussa araha h

(xiv) ghabrao mat. agar tum mere na huye to main kisi aur ka bhi nahi hone dunga. us din kya hoga ye to sudhar jao. kisi aur ka nahi hone dunga"

6. Further, Supreme Court in the decision reported as (2004) 2 SCC 362, Mehboob Dawood Shaikh Vs. State of Maharashtra laid down the criterias on which bail granted to an accused can be cancelled as under:

"7. It is trite law that the considerations for grant of bail and cancellation of bail stand on different footings. By a majority judgment in Aslam Babalal Desai v. State of Maharashtra the circumstances when bail granted can be cancelled were highlighted in the following words: (SCC pp.289-90, para11)

"11.On a conjoint reading of Sections 57 and 167 of the Code it is clear that the legislative object was to ensu