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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Raju Sanga, S/o Santu Sanga – Appellant
Versus
Rajendra Agrawal, S/o Late Sharwan Agarwal – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No.4411 of 2025 and I.A. No.5073 of 2025
Heard the parties.
Learned counsel for the petitioner submits that the petitioner does not press I.A. No.4411 of 2025 and I.A. No.5073 of 2025.
Accordingly, I.A. No.4411 of 2025 and I.A. No.5073 of 2025 stand rejected as not pressed.
Cr.M.P. No.629 of 2025
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 27.01.2024 passed by the learned Additional Judicial Commissioner-XV, Ranchi in Criminal Miscellaneous Case No.78 of 2023 arising out of A.B.P. No.1341 of 2021 whereby and where under the learned Additional Judicial Commissioner-XV, Ranchi has cancelled the bail granted to the petitioner in connection with Namkum P.S. Case No.29 of 2021 registered for the offence punishable under Sections 420 , 406, 468, 471, 34 of the INDIAN PENAL CODE .
2. The brief facts of the case is that the petitioner is an accused person of the said Namkum P.S. Case No.29 of 2021 and he was granted the privileges of anticipatory bail vide order dated 06.07.2022 in A.B.P. No.1341 of 2021 on
Cancellation of bail based solely on non-compliance with mediation terms is untenable; mediation communications are confidential and cannot affect bail validity.
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....
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
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.
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.
Bail cannot be cancelled solely for failing to comply with mediation terms; substantial evidence is required for cancellation.
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.
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 ....
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