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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Chanchal Singh – Appellant
Versus
Manjeet Singh – Respondent
The petitioner(s) has filed the present petitions for cancellation of bail granted to the respondents/accused in FIR No. 38 of 2025, dated 07.05.2025, registered at Police Station Mehatpur, District Una, for the commission of offences punishable under Section 108 read with Section 3 (5) of Bhartiya Nyaya Sanhita, 2023 (BNS).
2. It has been asserted that the petitioner/informant made a complaint to the police that the marriage of his daughter, Ms Pooja, was solemnised in the year 2016 with the accused Manjeet Singh. A daughter was born to her. Manjeet Singh started harassing Pooja soon after the marriage. She made complaints to the informant. Raj Kumari, mother-in-law of Pooja, also used to harass her. Pooja called the informant over Mobile Phone on 05.06.2025 and told him not to visit her matrimonial home because his life was in danger. She promised to mention the details in the morning. The informant received a call from Manjeet Singh on 06.05.2025 at 12:00-12:30 pm that Pooja had consumed poison. The informant went to the regional hospital, Una, where Pooja was lying conscious. Manjeet Singh was also present in the Hospital but he was intoxicated. Po
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
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....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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 the misuse of bail and the legal principles governing the cancellation of bail.
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 that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
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