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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Rajesh Ram @ Rajesh Mahto – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. anticipatory bail granted in civil partnership dispute. (Para 2 , 3) |
| 2. cheating and threats alleged; counsel unaware of trial. (Para 4 , 5) |
| 3. civil accounting dispute; bailable or minor offences. (Para 6) |
| 4. bail cancellation needs specific post-grant misconduct. (Para 7) |
| 5. no misconduct grounds; no interference with bail order. (Para 8) |
| 6. bail cancellation petition dismissed. (Para 9) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
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, 1973 with the prayer for cancellation of bail granted to the opposite party no.2 by the Additional Sessions Judge–II, Khunti vide order dated 21.03.2023 passed in A.B.P. No. 88 of 2023.
3. The brief facts of the case is that the opposite party no.2 is an accused of Khunti P.S. Case No. 19/2023 for the offences punishable under Sections 406, 420, 506 and 504 of the Indian Penal Code. The opposite party no. 2 filed A.B.P. No. 88 of 2023 before the court of learned Sessions Judge, Khunti, which was transferred to the court of Additional Sessions Judge-II, Khunti.
The learned Additional Se
Anticipatory bail not cancelled absent evidence of tampering, threats, or flight; partnership profit disputes deemed civil without initial deception, despite cheating allegations.
Anticipatory bail cannot be cancelled without substantial evidence of wrongdoing or interference with the investigation.
Anticipatory bail cannot be cancelled solely for violation of mediation compromise terms, as such communications are confidential and inadmissible under Mediation Act, 2023; cancellation must follow ....
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.
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....
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