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ARUN KUMAR RAI
Maimun Khatoon W/o Rizwan Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ARUN KUMAR RAI, J.
1. The instant revision application has been filed against the order dated 20.12.2021, passed by the Court of learned Additional Sessions Judge-VI, Giridih, in Cr. Misc. Petition No. 69 of 2021, arising out of the Mahila P.S. Case No. 14/2020, whereby the Cr. Misc. Petition No. 69 of 2021 for cancellation of bail of O.P. No. 2 has been dismissed.
2. The case record transpires that petitioner-wife lodged FIR being Giridih (Mahila) P.S. Case no. 14/2020 registered under Section 498 A/34 of IPC and Section 3/4 of Dowry Prohibition Act, against her husband/O.P. No. 2 and in-laws alleging therein that petitioner got married with O.P. No. 2 as per Islamic custom on 15.02.2015 and one daughter born out of this wedlock. For about 2 years of marriage, everything was fine and petitioner-wife was kept in a rented accommodation but thereafter, O.P. No. 2-husband stopped paying rent and expenses to petitioner-wife, which prompted her to go her matrimonial home but she was kicked out from the matrimonial home on 25.09.2020 by O.P. No. 2-husband and her in-laws and they demanded Rs.1,00,000/- cash and Hero Honda Motorcycle.
3. During course of investigation, the O.P. No.
Bail cannot be cancelled solely for failing to comply with mediation terms; substantial evidence is required for cancellation.
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
The court emphasized that the power to cancel bail demands overwhelming proof of changed circumstances or misuse of bail, maintaining that courts must be slow to intervene in bail decisions.
Cancellation of bail requires cogent evidence of misuse or interference with justice, and mere non-payment of a disputed amount does not suffice.
Bail cancellation necessitates clear evidence of misuse, such as obstructing investigations, which was not established, leading to dismissal.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
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