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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Xyz – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Applicant has filed the present applications, under Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to cancel the bail, granted in favour of respondent No.2 Jebo in Cr.MP(M) No. 1459 of 2025 and Tek Chand in Cr.MP(M) No.461 of 2025, by this Court, in case FIR No.6 of 2025, dated 02.02.2025, registered under Sections 376, 504 and 506 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station Kihar, District Chamba, H.P.
2. For the sake of convenience, respondent No.2, in both the petitions, are hereinafter referred to as the accused persons.
3. Brief facts, leading to the filing of the present applications, as per the documents annexed with the applications, may be summed up as under:-
3.1. The applicant has lodged FIR No.6 of 2025, dated 02.02.2025, against the accused persons for allegedly committing offences under Sections 376, 504 and 506 of IPC.
3.2. The said FIR was lodged on the ground that the accused persons, namely; Jebo and Tek Chand, had kept the applicant as maid, however, accused Tek Chand had developed physical relations with her, which resulted in
Cancellation of bail requires specific and substantiated allegations of misconduct; vague claims are insufficient to meet the legal threshold.
Cancellation of bail requires substantial evidence; allegations without corroboration do not justify revocation of bail.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
Cancellation of bail requires substantial evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
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