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NALIN KUMAR SRIVASTAVA
Manoj Kumar Bathla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Nalin Kumar Srivastava, J.
This application has been moved on behalf of the applicant -Manoj Kumar Bathla with the prayer to quash the impugned order dated 10.3.2023 passed by the Sessions Judge, Meerut whereby anticipatory bail granted to the applicant vide order dated 16.3.2022 has been cancelled and further to grant anticipatory bail to the applicant in Case Crime No. 0574 of 2019, Criminal Case No. 23164 of 2021 under Sections 406 , 420, 467, 468, 471 IPC, Police Station Medical College, District Sambhal.
2. Heard Shri Manish Tiwary, learned Senior Advocate assisted by S/Shri Pranav Tiwari and Yagyavalk Pandey, learned counsel for the applicant, Shri Sushil Shukla, learned counsel for the informant as well as the learned A.G.A. for the State and perused the record.
3. It has been submitted by the learned Senior Counsel appearing for the applicant that the order dated 10.3.2023, by which the anticipatory bail granted to the applicant vide order dated 16.3.2022 has been cancelled, is bad in the eyes of law and as a matter of fact the applicant did not flout any of the conditions imposed by the Court concerned while granting anticipatory bail to the applicant. It is further
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The distinction between rejection of bail at the initial stage and cancellation of bail already granted, requiring overwhelming grounds for the latter.
The main legal point established in the judgment is the need for judicious exercise of discretion in granting and cancelling bail, considering factors such as the nature of the accusation, severity o....
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....
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
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