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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary
X (Victim) – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Anil Kumar Choudhary, J.
1.Heard the parties.
2. This criminal miscellaneous petition has been filed at the instance of the petitioner under Section 439 (2) Cr.P.C. with a prayer to cancel the bail granted to the opposite party no.2 by the learned trial court in terms of the order dated 16.12.2019 passed in A.B.A. No. 8518 of 2019 on the condition that the petitioner will furnish bail bond of Rs.25,000/- with two sureties and will cooperate with the investigation of the case.
3. Though notice has been validly served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.
4. It is submitted by the learned counsel for the petitioner that after granting of bail, the opposite party no.2 and his family members demanded dowry of Rs.4,00,000/- and for non-fulfillment of the dowry demand, assaulted the petitioner, stopped meal and locked her in the room and in this regard, the petitioner has lodged an FIR being Mahila P.S. Case No. 25 of 2022 involving the offences punishable under Sections 4 98A/34 of INDIAN PENAL CODE and under Section 3 /4 of D.P. Act. Hence, it is submitted that the prayer as prayed for be allowed.
5. Learne
Bail cannot be canceled without justifiable reasons, such as tampering with evidence or interfering with the investigation.
Anticipatory bail cannot be cancelled without substantial evidence of wrongdoing or interference with the investigation.
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.
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
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.
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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