Cancellation of bail requires substantial evidence; allegations without corroboration do not justify revocation of bail.

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. 2 had approached this Court by way of Cr. M.P.(M) No. 593 of 2025, which was allowed by this Court, on 20.5.2025, by passing the following order. Paras 29 and 30 of the order are reproduced as under:

“29. In view of discussions, made hereinabove, this Court is of the view that the applicant is entitled for the relief, as claimed in the application. Consequently, interim order, dated 20.03.2025, is made absolute and the applicant is ordered to be released on bail, in the event of his arrest, subject to furnishing personal bonds in the sum of Rs. 50,000/-, with one surety in the like amount to the satisfaction of the Investigating Officer.

30. This order, however, shall be subject to the following conditions:-

a) The applicant shall appear before the IO, as and when, directed by the IO to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant will 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/her from disclosing such facts to the Investigating Officer or the Court; and

d) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.”

4. It is the case of the applicant that respondent No. 2 is very clever person and after getting relief from this Court, he had started threatening the applicant directly and indirectly, for not continuing with the criminal case. Not only this, he has involved his relatives and friends to achieve the said goal, i.e. pressurizing the victim not to pursue the matter and the relatives have also started pressurizing the applicant to enter into the compromise with respondent No. 2.

5. According to applicant, recently, respondent No.2 had forwarded a request to her on Instagram app, but the same was not accepted by her. All these facts have been pleaded to demonstrate that respondent No. 2 has violated the terms and conditions of the bail application, imposed vide order dated 20.5.2025.

6. In this regard, the applicant has filed a complaint against the accused, however, according to her, no action has been taken by the police, till date.

7. On the basis of above facts, the complainant has further pleaded that she is already suffering stigma in the society and also facing mental agony and it is very difficult for her to keep herself and her newly born baby in safe condition.

8 The applicant is apprehending that respondent No. 2 may coerce her, as well as, her witnesses. As such, a prayer has been made to cancel the bail, granted to respondent No.