Cancellation of bail requires specific and substantiated allegations of misconduct; vague claims are insufficient to meet the legal threshold.

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 into birth of a child. Thereafter, the accused persons had thrown her out of their house.

3.3. It is the further case of the applicant that accused persons are not permitting her to stay in their house, nor giving any maintenance, as such, she has prayed that action be taken against them.

3.4. On the basis of the above facts, the FIR in question, has been registered and criminal machinery swung into motion.

3.5. Thereafter, apprehending their arrest, the accused persons had approached this Court, by way of Cr.MP(M) Nos.195 & 209 of 2025, which have been allowed vide order dated 18.03.2025. Operative para 11 of the order, is reproduced, as under:-

“11. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation. Consequently, applications are allowed and the interim order dated 4.2.2025, passed in Cr.M.P.(M) No. 195 of 2025 and interim order dated 5.2.2025, passed in Cr. M.P. (M) No. 209 of 2025, are liable to be made absolute. As such, the interim orders, as aforesaid, are made absolute. Applicants are ordered to be released on bail in case FIR No. 6 of 2025, dated 2.2.2025, under Section 376, 504 and 506 of IPC, registered with Police Station, Kihar, District Chamba, H.P., on their furnishing personal bond in the sum of Rs. 50,000/-,each, with one surety in the like amount, each, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions:-

a) That the applicants will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law;

b) That the applicants will not leave India, without prior permission of the Court.

c) That the applicants 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 them from disclosing such facts to the Investigating Officer or the Court.

d) That the applicants shall make themselves available for the purpose of interrogation, if so required 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 appropriate application.”

4. Now, the prosecutrix is before this Court, seeking cancellation of pre-arrest bail, granted to the accused persons, on the ground that after getting the relief from this Court, both the accused persons are threatening her with dire consequences, if she refuses to make a compromise and to withdraw the complaint.

5. All these facts have been pleaded to demonstrate that the liberty of bail granted to the