IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Neeraj Bijalwan – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition seeks anticipatory bail cancellation over alleged threats. (Para 1 , 2) |
| 2. accused denies all post-bail threat allegations. (Para 3) |
| 3. bail cancellation demands cogent supervening circumstances, not mechanical. (Para 4 , 5 , 6) |
| 4. no proof of threats or bail condition violations found. (Para 7 , 8) |
| 5. petition dismissed; bail cancellation unwarranted. (Para 9) |
Judgment :
Sushil Kukreja, J.
The instant petition under Section 483(3) of Bhartiya Nagarik Suraksha Sanhita (for short “BNSS”) has been filed by the petitioner seeking cancellation of anticipatory bail granted to respondent No.2 (accused) by this Court vide order dated 03.08.2023 in case FIR No. 196 of 2023, dated 24.06.2023, under Sections 452, 147, 148, 149, 323 and 506 of the Indian Penal Code (for short “IPC”), registered at Police Station Sadar- Chamba, District Chamba, H.P.
2. According to the petitioner, respondent No. 2/accused, after obtaining the anticipatory bail from this Court started giving threats to him that if the complaint filed against the accused was not withdrawn, he would be done to death. Thereafter, when the petitioner tried to avoid Whatsapp calls of respondent No. 2/accused, he
Central Bureau of Investigation, Hyderabad Vs. Subramani Gopalakrishnan and others
Cancellation of bail demands cogent, overwhelming circumstances like interference with justice, evasion, or abuse of concession; not mechanical absent supervening events unfit for fair trial. (24 wor....
The main legal point established in the judgment is the requirement for candid disclosure of relevant and material facts when seeking anticipatory bail, as well as the need for substantial evidence t....
The court emphasized that the misuse of anticipatory bail by the accused justifies its cancellation to protect the complainant's life and liberty.
Cancellation of bail requires specific and substantiated allegations of misconduct; vague claims are insufficient to meet the legal threshold.
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