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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
FARJAND ALI, J.
Mukesh Kumar Agrawal S/o Shri Kailash Chand – Appellant
Versus
State Of Rajasthan, Through P.p. – Respondent
S.B. Criminal Bail Cancellation Application No. 73/2022
Decided on : 03-12-2024
(A) Criminal Procedure Code, 1973 - Section 439 - Bail cancellation - The application for cancellation of bail was preferred on grounds of abuse of liberty and post-release conduct of the accused. The court emphasized the importance of the accused's conduct post-bail and the necessity of ensuring they do not tamper with evidence or evade justice. The court found that the accused had engaged in further criminal activities post-release, justifying the cancellation of bail. (Paras 1, 14, 17)
(B) Bail Jurisprudence - The court reiterated that bail should not be cancelled lightly and requires cogent reasons, particularly when the accused has a history of criminal conduct. The court highlighted the need for a careful assessment of the accused's behavior and the potential risk to the judicial process. (Paras 9, 13)
ORDER :
1. The instant application for cancellation of bail has been preferred on behalf of the complainant Mukesh Kumar Agarwal mainly on the grounds of abuse of liberty granted to the accused-respondents so also on the grounds of reasonability and propriety.
2. This court had granted bail to accused Sanjay Kumar Jangid and Dontesh Jangid vide order dated 22.03.2022 on the premise that the case was triable by the Court of Magistrate and they were in judicial custody and so also looking to the speculated longevity of the trial.
3. The petitioner moved an application for cancellation of bail granted to the above named accused and a Coordinate bench of this court had dismissed the bail cancellation application vide order dated 29.03.2023.
4. The complainant, aggrieved by the dismissal of application for cancellation of bail, had made approach to Hon’ble the Supreme Court by way of filing a Special Leave Petition (Criminal) No. 8357/2023, which converted into Criminal Appeal No. 1293/2024. Vide order dated 01.03.2024, Hon’ble the Supreme Court has set aside the order passed by a Coordinate bench of this Court dated 29.03.2023 and remit the matter back to this Court for making consideration afresh regarding cancellation of bail. Accordingly, the bail cancellation application was restored to its original number.
5. Before proceeding further to discuss the legal aspect of the matter regarding cancellation of bail, it would be apt to mention the legal trajectory of the matter, which is very relevant to discuss the conduct of the accused-respondent.
6. The bail cancellation application was moved before this Court mainly on the ground of post-release conduct of the accused. It was averred in the application that after getting release from the jail on 05.04.2022, some of the accused illegally trespassed into the premise of the petitioner, broke down the CCTV cameras and nameplate installed there. After breaking the lock put on the room, the mischievous persons took away the monitor and hard drive of the CCTV cameras. The matter was informed to the Police Station Mansarovar, Jaipur City (South) and an FIR No.324/2022 for offence under Sections 447, 380 and 427 of the IPC got lodged. It was specifically mentioned in Para Nos.5 and 6 of the bail cancellation application that the accused-respondents were threatening the complainant on regular basis on phone calls and intimidating him of dire consequences if he dares to proceed against them. Despite sincere efforts made by the police authorities to effect arrest of the associates of the respondents, who were also accused in the case, they could not be apprehended. An FIR No.11/2023 got lodged at the Police Station Kudgaon, District Karoli for the offence under Sections 143, 332 and 353 of the IPC revealing that an assault over police personnel's was made with an intent to set free the accused from the custody of the police. Two accused namely Khush and Rakesh were arrested in connection with the above FIR and their bail application was dismissed by learned Sessions Judge, Karoli vide order dated 04.04.2023, wherein this fact has been specifically mentioned that the accused Dontesh Jangid and Sanjay Kumar Jangid were actively participating in the incident related to FIR No.11/2023. Under the order of Executive Magistrate, A.D.M. South Jaipur, the property was attached and SHO, Police Station Mansarovar, Jaipur was appointed as receiver. Even in this period when the SHO was the receiver of the property, the assailants forcibly barged into plot-in-question and broke the boundary wall. The action of the accused-respondents and the audacity shown by them reflects that they have no respect for law and rather habitual to commit offence. The above fact is reported in FIR No.73/2023 registered at Police Station Mansarovar. Another incident, which is reported in FIR No.1231/2023, registered at the Police Station Mansarovar, Jaipur City South for the offence under Sections 384, 506 and 120-B of the IPC, reve
The court ruled that bail can be cancelled if the accused engages in further criminal conduct post-release, reflecting a disregard for the law.
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
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....
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
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