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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
RAJENDRA KUMAR VANI
Kapura – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Rajendra Kumar Vani, J.
This petition under Section 483 (3) of BNSS has been filed for cancellation of bail granted to respondent No. 2 vide order dated 21.10.2024 by learned Second Additional Sessions Judge, Morena, District Morena in Bail Application No. 614/2024 in connection with Crime No.144/2024 registered at Police Station - Mata Basaiya, District Morena.
2. As per prosecution story, marriage of deceased was solemnized with co- accused Ramu Yadav (husband) on 18.4.2024. After the marriage, deceased was being harassed by respondent No.2 Urmila (mother-in-law) and co-accused persons namely Ramu Yadav (husband), Raghuraj (brother-in-law) and Rinku (brother-in-law) for demand of motorcycle and money in dowry and they also used to beat the deceased due to which she committed suicide. Upon this, FIR bearing Crime No. 144/2024 was registered against respondent No. 2 / accused for offence under Sections 80 , 85, 3(5) of BNS and 3/4 of the Dowry Prohibition Act against present applicant Urmila (mother-in-law) and co-accused Ramu yadav (husband of the deceased). During the course of investigation, respondent No. 2 was arrested. Respondent No. 2 filed bail application before th
The court emphasized that the power to cancel bail demands overwhelming proof of changed circumstances or misuse of bail, maintaining that courts must be slow to intervene in bail decisions.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
Cancellation of bail requires substantial evidence; allegations without corroboration do not justify revocation of bail.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
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 main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
Bail should not be cancelled without supervening circumstances or violation of bail conditions, emphasizing the need for a reasoned approach in such matters.
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