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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sugni Khatun @ Sugani Khatun – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 439(2) of the Code of Criminal Procedure with a prayer to cancel the anticipatory bail granted to the opposite party No. 2 in terms of the order dated 12.01.2022 passed in A.B.A. No. 26 of 2022 in connection with Thakurgangti P.S. Case No. 45 of 2021 registered for the offences punishable under Sections 456/342/376 of the Indian Penal Code, now pending in the Court of Judicial Magistrate-1st Class, Godda.
3. Learned counsel for the petitioner submits that the allegation against the opposite party No. 2 is that he committed rape upon the petitioner. It is submitted that the anticipatory bail was granted to the opposite party No. 2 inter alia because the opposite party No. 2 who was the petitioner in A.B.A. No. 26 of 2022 filed the copy of the certified copy of the joint compromise petition filed by the parties in the court of learned Judicial Magistrate, Godda. It is next submitted that because of threatening to the petitioner due to fear, the petitioner put her thumb impression in the compromise petition dated 16.09.2022. Hence, it is submitted tha
Anticipatory bail cannot be cancelled without substantial evidence of wrongdoing or interference with the investigation.
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
Bail cannot be cancelled solely for non-fulfillment of mediation compromise terms like maintenance or cohabitation; governed by CrPC Chapter XXXIII, not promises to court.
Bail cannot be canceled without justifiable reasons, such as tampering with evidence or interfering with the investigation.
Non-fulfilment of the terms of a compromise cannot be the basis for cancelling bail, as per the judgments in Biman Chatterjee vs. Sanchita Chatterjee and Another and Amr Chouhan @ Amar Singh Chouhan ....
Anticipatory bail cannot be cancelled solely for non-compliance with mediation compromise terms like cheque dishonour, absent bail condition violation or liberty misuse; mediation communications conf....
Cancellation of anticipatory bail cannot be based solely on non-fulfillment of compromise terms, which are not recognized as valid grounds under the Criminal Procedure Code.
The court emphasized the need for supervening circumstances or overwhelming evidence to warrant cancellation of bail, and highlighted the importance of not interfering with personal liberty without s....
Valid and substantiated allegations are required to justify the cancellation of bail, and compliance with bail conditions can be a relevant factor in such decisions.
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