Cancellation of bail should be based on supervening circumstances not conducive to fair trial and should not be done without giving notice to the accused and affording them an opportunity of being heard.

JUDGMENT :

1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicants praying inter alia the following reliefs :-

"a. Issue and order for quashing the Proceedings and Set aside the Bail Cancellation Order dated 01.09.2022 under the Sessions Trial No. 812/2021 in re: State of U.P. v. Ram Bachan and Ors delivered by the Ld. Sessions Judge annexed as Annexure No. 1.

b. Issue an order directing the Police to release the Applicants from Judicial Custody on Bail."

3. In view of the order which is proposed to be passed today, notice to opposite party No.2 is hereby dispensed with.

4. From the pleadings, it transpires that the applicants were granted bail vide order dated 22.11.2021 passed by the learned Sessions Judge, Raebareli in Bail Application No.2638 of 2021 arising out of Sessions Trial No.812 of 2021 (State vs. Ram Bachan and others).

5. The learned trial court was informed that the witnesses and the complainant of the aforesaid Sessions Trial No.812 of 2021 are being threatened of dire consequences by the applicants herein. The aforesaid Sessions Trial No.812 of 2021 was fixed on 01.09.2022 for recording evidence of prosecution witnesses. However, taking note of the fact that the present applicants are threatening the witnesses and the complainant to desist from prosecuting the case, the learned trial court kept the application moved to the aforesaid effect on record and a copy of the same was directed to be sent to Superintendent of Police, Raebareli for appropriate action directing him also to provide necessary security to the witnesses by the learned trial court.

6. The learned trial court thereafter found that by the order dated 22.11.2021 passed in the Bail Application No.2683 of 2021, the applicants herein were enlarged on bail, inter alia, on the condition that they shall not temper with the evidence and shall also not intimidate the witnesses. They shall also not seek any adjournment, if the witnesses are present for being examined. In case of seeking adjournment when the prosecution witnesses are present, the same shall be considered as misuse of liberty of bail granted to the applicants. Thereafter, the learned trial court found the aforesaid conduct of the applicants to be violation of conditions of bail subject to which they were enlarged on bail vide order dated 22.11.2021. Therefore, the learned trial court directed to the applicants to be taken into custody and also passed the impugned order dated 01.09.2022 canceling the bail granted to the applicants vide order dated 22.11.2021 passed in Bail Application No.2638 of 2021. Consequently, the applicants were directed to be lodged in the District Jail.

7. In aforesaid factual background, it has been submitted by the learned counsel for the applicants that the impugned order is patently illegal insofar as it has been passed on the basis of vague allegations levelled against the applicants. It has also been submitted that it is settled law that parameters for grant of bail and for cancelling an order granting bail are settled and specified. The cancellation of bail is a serious matter and should be dealt with accordingly as the same concerns, the personal liberty of the persons who have been enlarged on bail.

8. Learned counsel for the applicants has further submitted that in case, there was any grievance to the victim, the complainant or any witness as aforesaid, they were at liberty to move an application for cancellation of bail of the applicants who would have got an opportunity of showing cause by filing a reply to the same and thereafter appropriate order based on the facts and circumstances of this matter, could have been passed by the learned trial court. However, the impugned order has come to be passed in flagrant violation of the settled procedure in respect of cancellation of bail which is not sustainable at all.

9. Per contra, learn