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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Harendra Kumar – Appellant
Versus
State of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. complaint details and context of fir. (Para 1 , 2 , 3) |
| 2. overview of bail application and granting. (Para 4 , 5) |
| 3. arguments for and against bail. (Para 6 , 7) |
| 4. state's position on complaint's seriousness. (Para 8 , 9) |
| 5. legal standards for cancelling bail. (Para 10 , 11) |
| 6. details and consideration of the allegations. (Para 12 , 13 , 14) |
| 7. court's analysis and determination on bail. (Para 15 , 16 , 17) |
| 8. conclusion and dismissal of petition. (Para 18 , 19 , 20) |
| 9. final decision on the bail petition (Para 21 , 22) |
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The petitioner-complainant, by way of the present petition, seeks cancellation of bail granted to the respondent no. 2-accused vide order dated 15.03.2022 [hereafter "impugned order"] passed by the learned ASJ-02, South-East, Saket Courts, Delhi [hereafter "Trial Court"] in case arising out of FIR No. 158/2019, registered at Police Station Jamia Nagar, South-East, Delhi for commission of offence punishable under Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereafter "SC/ST Act"] .
2. Briefly stated, the FIR came to be registered on the complaint of the petition
The court reaffirmed that bail once granted should not be cancelled unless there are cogent reasons, and the absence of arrest during investigation can weigh favorably in granting bail.
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
Bail cancellation requires evidence of supervening circumstances or misuse like witness threats; absent proof, bail not cancelled. Informant's demand for money to compromise constitutes interference ....
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....
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