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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
XYZ – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. cancellation of bail application based on allegations. (Para 1 , 2 , 3) |
| 2. allegations of intimidation and coercion by respondent. (Para 4 , 5 , 6 , 10) |
| 3. prosecutrix's mental state and implications of bail. (Para 9) |
| 4. supreme court precedent on bail cancellation criteria. (Para 15 , 16) |
| 5. assessment of harassment claims and denial of bail cancellation. (Para 17 , 19 , 20) |
| 6. final ruling dismissing the bail cancellation application. (Para 21) |
Judgment :
Virender Singh, J.
The prosecutrix ‘X’ has filed the present application, under Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), with a prayer to cancel the bail granted to respondent No. 2, by this Court, vide order dated 20.5.2025, in Cr.M.P.(M) No.593 of 2025.
2. It is the case of the prosecutrix that she had lodged the complaint against respondent No. 2, that she was sexually exploited and raped by respondent No. 2, upon which FIR No. 7 of 2025, dated 16.3.2025 was registered against respondent No. 2, under Sections 64 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘the BNS’) with Police Station, Solan, H.P.
3. Thereafter, respondent No.
Cancellation of bail requires substantial evidence; allegations without corroboration do not justify revocation of bail.
Cancellation of bail requires specific and substantiated allegations of misconduct; vague claims are insufficient to meet the legal threshold.
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 court emphasized that the power to cancel bail demands overwhelming proof of changed circumstances or misuse of bail, maintaining that courts must be slow to intervene in bail decisions.
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....
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.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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 evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
Cancellation of bail requires very cogent and overwhelming circumstances, and the emotional impact on the victim can be a crucial factor in assessing the gravity of the offence.
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