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SAMEER JAIN
Santosh Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Counter affidavit filed on behalf of opposite party no.2 is taken on record.
2. Learned counsel for the applicant does not propose to file any rejoinder affidavit.
3. Heard Sri Manu Sharma, learned counsel for the applicant, Shri Suresh Bahadur Singh, learned AGA for the State and Sri Kamaldev Rai, Advocate holding brief of Sri Rajkumar Verma, learned counsel for opposite party no.2.
4. The instant bail cancellation application has been filed on behalf of the applicant with the prayer to cancel the bail of opposite party no.2 already granted by court concerned vide order dated 30.8.2023 in Case Crime No.225 of 2023, under Sections 376(3), 323, 504 and 506 IPC and Section 3/4 POCSO Act, Police Station Khaga, District Fatehpur.
BRIEF FACTS:
5. FIR of the present case was lodged by the applicant against opposite party no.2 on 17.6.2023 and according to the FIR, on 10.6.2023 at about 5.00 PM in the evening opposite party no.2 enticed away the daughter of applicant aged about 14 years and next day in the morning at about 5.30 AM informant i.e. applicant received a phone call from neghbouring village Gopalpur that his daughter is in the village Gopalpur and thereafter daughter of
The judgment emphasizes the importance of personal liberty and the need for overwhelming circumstances to cancel bail, highlighting the careful consideration of relevant materials before granting bai....
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....
The main legal point established in the judgment is that while granting bail, the gravity of the crime, character of the evidence, and the presumption of guilt under relevant acts should be considere....
Bail in serious offenses must consider all relevant evidence, especially victim statements, to prevent miscarriage of justice.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Recall of bail – Impending marriage of accused is not a ground for grant of bail.
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
The main legal point established is that the court will consider supervening circumstances or conduct of the accused post bail to justify cancellation, and will require evidence of violation of bail ....
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
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