Cancellation of bail requires overwhelming reasons and cannot be allowed to be a tool in the hands of the first informants.

ORDER :

Rule. Learned APP waives service of rule for Respondent No.2- State and learned Advocate, Mr. Dipak Patel, waives for Respondent No.1-original accused.

1. By way of this application, filed under Section 439(2) of the Code of Criminal Procedure, 1973 (in brief, ‘the Code’), the applicant-first informant seeks to assail the order dated 08.03.2022, passed by the Coordinate Bench of this Court in CR.M.A. No. 21442 of 2021, granting anticipatory bail to the respondent No.1-accused in connection with the offence registered with the Adalaj Police Station, District: Gandhinagar, being CR No. 11216001210714 of 2021 for the offences punishable under Sections 465, 467, 468, 471 and 20(B) of the Indian Penal Code and Sections 4(3) and 5 of the Gujarat Land Grabbing Prohibition Act, 2020.

2. Learned Advocate, Mr. Ravani, appearing for the applicant submitted that Respondent No.2 has committed the breach of condition as well as the directions issued by this Court vide order dated 08.03.2022, passed in Criminal Misc. Application No. 21442 of 2021, by which Respondent No.1 is granted anticipatory bail. It was submitted that Respondent No.1 has filed an undertaking before this Court, stating therein, that he is ready and willing to reverse the transaction, which is alleged in the FIR. It was further submitted that the allegations of forging documents are made against Respondent No.1, who got executed the sale deed in question, after preparing a false Pedhinama / Pedigree. It was submitted that Respondent No.1 has played main role in the commission of the alleged offence and since, Respondent No.1 committed the breach of the conditions of bail granted by this Court, his bail may be canceled. Learned Advocate pressed into service, the order passed by the Coordinate Bench of this Court dated 25.09.2017 in Criminal Misc. Application (For Cancellation of Bail) No. 7971 of 2016, to submit that in the identical case of breach of condition, imposed while granting bail, the bail granted to the concerned accused persons was canceled. Reliance is also placed on the order.

2.1 Reliance is also placed on the decision of the Hon’ble Apex Court, rendered in the case of ‘Deepak Yadav Vs. State of U.P. & Another’, reported in 2022 LiveLaw (SC) 562, to submit that cancellation of bail is not limited to supervening circumstances and the Courts can cancel the bail, where, the court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record, overlooks the influential position of the accused in comparison to the victim of abuse or the witnesses, especially, when there is prima facie misuse of position and power over the victim, where the past criminal record and conduct of the accused is completely ignored while granting bail, Where bail has been granted on untenable grounds, where serious discrepancies are found in the order granting bail thereby causing prejudice to justice, where the grant of bail was not appropriate in the first place given the very serious nature of the charges against the accused which dis-entitles him for bail and thus cannot be justified and when the order granting bail is apparently whimsical, capricious and perverse in the facts of the given case.

2.2 It was submitted that the forging of the documents is evident from the material available on the record vide Pages- 97-117, which is totally ignored by the concerned Court, while granting bail. Therefore, the granting of bail, prima facie, appears to be against the settled principles of law, enunciated by the Hon’ble Apex Court. It was, therefore, prayed that this application be allowed.

3. Learned APP adopted the arguments advanced by the learned Advocate for the applicant and prayed that the appropriate orders may be passed in the facts and circumstances of this case.

4. On the other hand, learned Advocate, Mr. Dipak Patel, appearing for respondent No.1-accused supported the impugned order by submittin