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PREM NARAYAN SINGH
Rajeev – Appellant
Versus
Mahendra – Respondent
ORDER
1. The present application is filed by the applicant under section 483(3) of BNSS, 2023. for cancellation of bail granted to the respondent No.1 vide order dated 28.5.2024, passed in MCRC No.20250/2024.
2. Learned counsel for the applicant submitted that the petition of respondent was allowed vide order dated 28.5.2024, but the respondent no.1 is trying to threat the complainant. In this case, a complaint has been filed in the police station Annapurna, Indore addressed to Police Station Tilak Nagar, Indore. It is also submitted that while getting the bail by respondent No.1 from this Court, certain facts have not been placed and the bail has not been acquired by clean hands. Hence, the bail order is liable to be cancelled.
3. On the other hand, learned Senior counsel for respondent no.1 has submitted that since there is no supervening circumstances arises in the present case, the bail order passed by this Court cannot be cancelled. So far as the wrong facts on which the bail has been acquired by the applicant are concerned, this Hon'ble Court has passed the bail order after considering each and every aspect of the case and the order of this Court cannot be reviewed by itself. So
Cancellation of bail requires substantial evidence of misuse or supervening circumstances; mere allegations without corroboration are insufficient.
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
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