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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH
Himanshu Yadav – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SANJAY VASHISTH, J.
1. By this common order, both the aforementioned petitions, i.e. CRM-M-33118-2025 and CRM-M-34338-2025, are being disposed of, as they have arisen out of the same FIR, i.e. FIR No.48 dated 10.02.2025, registered under Sections 318 (2), 340, 336(3) and 3(5) of BNS ( Sections 338 and 61(2) of the , 2023 added later on) at Police Station Rajendra Park, District Gurugram.
2. CRM-M-33118-2025 has been filed by the petitioner, Himanshu Yadav, aged 32 years, under Section 482 of the BNS S, seeking the concession of pre-arrest bail, on the ground that although, regular bail was granted to the petitioner on 09.05.2025, additional offences under Sections 338 and 61(2) of the , 2023 were subsequently added. However, the prayer for anticipatory bail in respect of the newly added offences was disposed of, on 10.06.2025, by the Court of learned Additional Sessions Judge-cum-Vacation Judge, Gurugram, while observing as under:-
“Therefore, keeping in view aforesaid facts and circumstances, application in hand is disposed of with directions that if application for cancellation of bail of applicant is allowed by the learned trial Court then applicant shall not be imme
Court mandated that cancellation of bail requires due process, and an accused can seek bail for newly added charges without prior cancellation.
The legal principle established is that strong and cogent reasons are required to deprive the liberty of an accused, and the prescribed procedure for seeking arrest or cancellation of bail must be fo....
Anticipatory bail remains effective despite the addition of graver offences, unless explicitly cancelled by the court or an arrest order is issued.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
The main legal point established is that suppression of vital facts and misrepresentation in bail applications can lead to the cancellation of bail. The Court also emphasized that bail should not be ....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The court established that bail can be revoked upon the addition of non-bailable offenses if the initial order included provisions for such circumstances.
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