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SUBHASH VIDYARTHI
Shefali Kaul – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
1. Heard Ms. Katyayni and Sri Pankaj Shukla, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Syed Imran Ibrahim, the learned counsel for the accused - respondents and perused the record.
2. The present application has been filed seeking cancellation of the order dated 21.10.2020 passed by the learned Additional Sessions Judge, Court No.1, Mathura in Bail Application No. 2832 of 2020 whereby the accused – respondent nos. 2 to 7 have been granted bail in Case Crime No.312 of 2020, under Sections 406, 420, 467, 468, 120-B IPC, Police Station-Nauhjheel, District Mathura.
3. The aforesaid order states that the accused persons were produced before the Court from jail and they had given an application stating that they had taken the money in question from the applicant in the year 2016; that they had entered into a settlement/MOU with the informant; that they had paid a sum of Rs. 40 lacs only to the informant in part performance of the settlement and they had issued post dated cheques to the informant in respect of the balance amount and they further stated that they would follow the term
Violation of bail conditions, as evidenced by the accused's actions, warrants cancellation of the bail order.
Violation of bail conditions justifies cancellation of bail, emphasizing the court's authority to enforce compliance.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent ground....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Cancellation of bail requires substantial evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
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 in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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