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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJ BEER SINGH
Veer Pal Singh – Appellant
Versus
State of U.P. – Respondent
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
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
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....
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Cancellation of bail requires substantial evidence; allegations without corroboration do not justify revocation of bail.
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
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