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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
State (Nct Of Delhi) – Appellant
Versus
Ankit Jhamb, S/o. Sh. Surinder Jhamb – Respondent
| Table of Content |
|---|
| 1. allegations of fraud and misappropriation of funds. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments and legal basis for canceling bail. (Para 17 , 19 , 23 , 24 , 30) |
| 3. legal framework addressing bail cancellation. (Para 25 , 26 , 27 , 29 , 50) |
| 4. respondent's defense and denial of allegations. (Para 32 , 33 , 34 , 35 , 37 , 39) |
| 5. distinction between recall and cancellation of bail. (Para 58 , 59 , 62 , 64 , 66) |
| 6. dismissal of petitions. (Para 72 , 73) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Both the Petitions are being decided together as they involve similar facts and question of law.
CRL. M.C. 7330/2025
2. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “ BNSS ”) / Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Section 483 (3) / Section 439 (2) Cr.P.C. have been filed on behalf of the Petitioner/State (NCT of Delhi) seeking cancellation of Anticipatory Bail of Respondent, Ankit Jhamb granted vide Order dated 22.04.2025 passed by Ld. ASJ-05, Patiala House Courts, New Delhi in FIR No. 41/2024 under Sections 420 /406/468/471/120B of the Indian Penal Code, 1860 (hereina
Bail may be cancelled only if subsequent evidence shows misconduct or supervening circumstances, not merely due to the seriousness of the charges; prior lawful consideration by lower courts is critic....
Bail granted in criminal cases must consider the seriousness of allegations and available evidence; however, re-evaluation of merits is impermissible in cancellation proceedings.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
Bail should not be cancelled without supervening circumstances that are not conducive to a fair trial, and cogent reasons are required to justify the cancellation of bail.
Cancellation of anticipatory bail requires supervening circumstances; mere allegations of involvement and compliance with investigation negate cancellation requests.
The distinction between rejection of bail at the initial stage and cancellation of bail already granted, requiring overwhelming grounds for the latter.
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