Anticipatory bail can be revoked if the accused does not cooperate with the investigation or poses a threat to law and order.

JUDGMENT

1. Reserved on 18/01/2021 Pronounced on 20 /01/2021 1. By way of this application for cancellation of bail, the State of Rajasthan seeks cancellation of bail granted to the respondent- accused- Ravindra Malik under Section 438 Cr.P.C. in FIR No.493/2018 registered at Police Station Nayapura, Kota under Section 307, 427, 147, 148, 149 IPC and Section 3/25 Arms Act.

2. It may be noticed that this Court vide order dated 07/06/2019 granted bail to the respondent-accused by passing following order:-

"This bail application has been filed under Section 438 CrPC in connection with FIR No.493/2018 registered at Police Station Nayapura, Kota for the offences under Section 307, 427, 147, 148, 149 IPC and Section 3/25 Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State and carefully scanned the relevant material available on record.

Learned counsel for the petitioner has submits that the coaccused have already been released on bail. There is no specific overt act against the petitioner and allegation is that the petitioner was accompanying the injured in the car and without expressing any opinion on the merits and demerits of the case and considered that the other co-accused have been released on bail, I deem it just and proper to grant anticipatory bail to the petitioner.

Therefore, this bail application filed under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Ravindra Malik S/o Jaipal in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs.20,000/- with two sureties of the like amount to his satisfaction on the following conditions:-

(i) That the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer;

(iii) That the petitioner shall not leave India without previous permission of the court."

3. In the aforesaid case, the Police had already submitted charge-sheet on 05/12/2018 against 12 persons and investigation against the respondent-accused had been kept pending under Section 173(8) Cr.P.C. and therefore, the respondent-accused had preferred bail application under Section 438 Cr.P.C..

4. Learned Additional Advocate General for the petitioner-State of Rajasthan submitted that the respondent-accused has not cooperated with the Police Officials as per the General Diary Details dated 26/07/2019. It is also stated that a complaint was lodged by one Ashwani Sharma on 18/12/2018 wherein the accused-respondent was alleged to have threatened the complainant to enter into a compromise. Another complaint was made on 24/12/2018 alleging threatening given by the respondent-accused to the complainant.

5. Learned Additional Advocate General also placed reliance on FIR No.47/2019 registered on 16/01/2019 by one Tejveer Malik of alleged extortion as against the respondent-accused. He has placed reliance on another FIR No.164/2019 wherein one Nitesh Kumar has alleged to having threatened by the respondent- accused. It is also submitted that another FIR bearing No.260/2019 by Tejveer Malik was registered against the respondent-accused and others. The Police has already issued standing warrants under Section 37 of the Police Act, 2007 against the accused-respondent which was challenged by the respondent- accused and the High Court has stayed the said standing warrants. The High Court has further extended time for surrender of the accused-respondent.

6. It is further stated that another FIR bearing No.590/2019 has been registered by one Samir Khan on 19/09/2019 for extortion and threatening. The Investigating Officer has also issued notices to the respondent-accused but he is avoiding to app