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ANAND PATHAK
Prosecutrix – Appellant
Versus
Piyush Saxena – Respondent
ORDER
1. Present application is preferred under section 439(2) of Cr.P.C. by the petitioner/complainant seeking cancellation of bail granted vide order dated 20.1.2020 in M.Cr.C.No.43135/2019 by which this Court has granted bail to respondent No.1/accused. Accused/respondent No.1 is facing trial vide Special Case No.11/2019 for offence under sections 376(2)(n), 376(2)(i), 354(A) (i)(ii), 354(D), 120-B, 201 of IPC and sections 3,4,5,6,13,14 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”) and sections 67,67(A),67(B), 66(D),66(E) of Information Technology Act.
2. As per the allegations as contained in the charge-sheet, accused molested the prosecutrix on various occasions as referred in the charge-sheet when she was minor.
3. It is the submission of learned counsel for the petitioner/complainant that while granting bail, this Court ordered that accused shall comply all the terms and conditions of the bond executed by him, he will cooperate in trial , would not move in the vicinity of complainant party and would not indulge himself in extending inducement, threat or promise to any other person acquainted with the facts of the case
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 seriousness of the offense and the post-bail conduct of the accused should be considered while granting bail, and proper trial procedures, especially in cases involving child victims, must be fol....
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
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.
Cancellation of bail requires very cogent and overwhelming circumstances, and the emotional impact on the victim can be a crucial factor in assessing the gravity of the offence.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
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