High standards for proof required to cancel bail, focusing on direct relevance to bail conditions.

JUDGMENT :

Virender Singh, J.

Petitioner-Vijay Sandhu has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), against the order dated 02.12.2024, passed by the Court of learned Additional Sessions Judge(1), Una, District Una, H.P., (hereinafter referred to as ‘the learned trial Court’), in Cr.MA No.968 of 2024, titled as Vijay Sandhu versus State, which has been filed in Sessions Trial No.44 of 2023, titled as State of H.P. versus Rasila Ram & others.

2. Brief facts, leading to filing the present petition, as borne out from the record of the case, may be summed up, as under:

2.1. On the statement of one Tirth Ram, son of late Shri Fedu Ram, which has been recorded, under Section 154 of Cr.PC, police of Police Station, Bangana, registered FIR No.74 of 2022, dated 18.09.2022, under Sections 306, 34 of IPC against respondents No.2 to 4 (hereinafter referred as the accused). Thereafter, the investigation was conducted against them.

2.2. During investigation, the accused persons had preferred the bail application, before the learned trial Court and on 01.10.2022, the learned trial Court has granted the bail to the accused persons, by imposing specific conditions, as enumerated in the bail order.

2.3. During the pendency of the trial, petitioner-Vijay Sandhu has moved application for cancellation of bail, which was granted to accused-Vinod Kumar, by the learned trial Court. The said application for cancellation has been filed on the ground that accused No.4-Vinod Kumar has violated the terms and conditions i.e. “he shall 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.”

2.4. Petitioner-Vijay Sandhu has claimed himself to be the prosecution witness, as, he is the husband of deceased Neelam Kumari, who had allegedly committed suicide. It is his specific case that accused No.4-Vinod Kumar had breached the terms and conditions of the bail order, as, he has openly threatened the applicant to do away with his life, in case, he made statement against him in the Court and also attacked upon him, on 16.09.2024.

2.5. In this regard, matter was reported to Police Station, Bangana, where, GD Entry No.19, dated 18.09.2024 was lodged and later on, applicant was medico legally examined at CHC Bangana, where, the doctor opined that the injuries found on the person of petitioner Vijay Sandhu are simple in nature. Thereafter, the police again recorded GD Entry No.26, dated 18.09.2024 and directed the petitioner to approach the competent Court.

2.6. On the basis of the above facts, the petitioner has prayed that the bail granted to accused No.4-Vinod Kumar may kindly be cancelled.

2.7. When, the notice of the application was issued to accused No.4-Vinod Kumar, he has contested the same by filing reply, in which, he has specifically taken the plea that he has not violated the terms and conditions of the bail order passed by the learned trial Court. The application is stated to be filed with an malafide intention, by concealing the true and material facts, just to harass the accused No.4-Vinod Kumar.

2.8. Factual position, with regard to the registration of the FIR and releasing the accused person on bail, has not been disputed. However, the allegations against him that he had allegedly threatened the applicant has been controverted and denied.

2.9. According to him, it is the petitioner, who is mentally torturing him and his father, on one pretext or the other. According to him, the petitioner had started blackmailing and creating pressure upon the accused Vinod Kumar and his father by compelling them to transfer valuable land to him. The petitioner is stated to be serving as Assistant Professor in Education Department and posted as such in ABV Government Degree College, Bangana, District Una, H.P. He has