Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.

JUDGMENT :

RAJ BEER SINGH, J.

1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 learned A.G.A for the State and perused the material brought on record.

2. This application has been filed on behalf of informant under Section 483(3) BNSS for cancellation of bail granted to the opposite party no.2 Vineet by this Court vide order dated 05.06.2025, passed in Criminal Misc. Bail Application No. 15679 of 2025 in relation to Crime No.61 of 2025, under Sections 74, 115(2) BNS and Section 7/ 8 POCSO Act, Police Station- Kudhfatehgarh, District- Sambhal.

3. It has been argued by learned counsel for the applicant that the daughter of applicant was harassed and molested by the opposite party no.2 and in that regard applicant has lodged a first information report on 06.04.2025, vide Crime No.61 of 2025, under Sections 74 BNS and Section 7/8 POCSO Act against opposite party no.2 Vineet. In that matter, the opposite party no.2 Vineet was granted bail by this Court vide order dated 05.06.2025, subject to certain conditions. It was submitted that after opposite party no.2 was released on bail, he again started harassing the daughter of applicant and he did cherkhani and threatened her and resultantly on the night of 25/26.07.2025 the daughter of applicant committed suicide. In that regard a complaint was made to the police and first information report was registered on 29.07.2025, under Section 108 BNS against the opposite party No.2. Learned counsel has referred the conditions, subject to which the opposite party no.2 was granted bail by this Court in aforesaid case and submitted that the opposite party no.2 has violated conditions of bail and misused the liberty of bail, he did cherkhani and threatened the victim and consequently, victim/daughter of applicant committed suicide and thus a case for cancellation of bail is made out. It was submitted that in Case Crime No.147 of 2025, under Section 108 BNS, after investigation police have already submitted charge-sheet. In that matter, the co-ordinate Bench of this Court has already declined to grant anticipatory bail to the opposite party no.2. Referring to facts of the matter, it was submitted that a case for cancellation of bail is made out.

4. Learned counsel for the opposite party no.2 has opposed the application and submitted that the opposite party no.2 has never misused the liberty of bail. It was stated that in earlier case the victim has denied the allegations of molestation in her statement recorded under Section 183 BNSS and due to that reason she was harassed and pressurized by her family members and she has committed suicide due to that reason. Regarding alleged harassment of victim by the opposite party no.2, no complaint was made to the police by the informant. Even the specific details like date and time of incidents of alleged harassment or cherkhani have not been mentioned. Merely a general and vague allegation has been made that after opposite party no.2 was released on bail, he has harassed and threatened the victim. Referring to first information report of above referred Crime No.147 of 2025, under Section 108 BNS, it was submitted that there is no evidence that applicant has abetted or instigated the victim to commit suicide. Even otherwise the consequences of the alleged second case under section 108 BNS have to be faced by the applicant in the trial of said case. There is no credible evidence that opposite party no.2 has misused the liberty of bail or violated the conditions of bail and thus no case for cancellation of bail is made out.

5. I have c