AI Overview...
-
Section 109 BNS - This section pertains to offences under the Bharatiya Nyaya Sanhita, 2023, often involved in bail and bail cancellation cases. Courts assess whether bail granted under Section 109 should be canceled based on subsequent developments, such as the commission of graver offences or breach of bail conditions VEERENDRA JATAV vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Smt. Sunita vs The State Of Madhya Pradesh - Madhya Pradesh, MANOJ KUMAR Vs. STATE OF RAJASTHAN - Rajasthan.
-
Bail Cancellation - Courts have the authority under Section 483(3) of BNSS, 2023 to cancel bail if circumstances change, such as the emergence of new offences under Section 109 or violations of bail conditions. Examples include applications seeking cancellation after offences under Sections 115(2), 126(2), 109, and others are registered, or when supervening circumstances indicate the need for custody VEERENDRA JATAV vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Smt. Sunita vs The State Of Madhya Pradesh - Madhya Pradesh, MANOJ KUMAR Vs. STATE OF RAJASTHAN - Rajasthan.
-
Supervening Offences and Conditions - The enhancement of charges (e.g., from minor to graver offences) or violations of bail conditions (like non-compliance or breach of bail terms) can justify bail cancellation. Courts exercise discretion under relevant sections of CrPC (e.g., Sections 437(5), 439(2)) to direct custody or modify bail conditions Smt. Sunita vs The State Of Madhya Pradesh - Madhya Pradesh, SHRI MALIK @ MALIKJAN S/O. ISMAIL METIPATIL vs THE STATE OF KARNATAKA - Karnataka.
-
Legal Provisions and Procedures - The applications for bail cancellation are filed under Section 483(3) of BNSS, 2023, with courts evaluating whether conditions for bail are met or violated. The courts may revoke bail if the accused commits offences under Section 109 or breaches conditions, emphasizing the importance of compliance and the gravity of subsequent offences VEERENDRA JATAV vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Smt. Sunita vs The State Of Madhya Pradesh - Madhya Pradesh, SHRI MALIK @ MALIKJAN S/O. ISMAIL METIPATIL vs THE STATE OF KARNATAKA - Karnataka.
-
Judicial Approach - Courts generally scrutinize the nature of subsequent offences, the conduct of the accused, and whether the original bail conditions have been violated. They balance the presumption of innocence with the need to prevent misuse of bail, especially when offences under Section 109 are involved SHRI MALIK @ MALIKJAN S/O. ISMAIL METIPATIL vs THE STATE OF KARNATAKA - Karnataka, INDU00000003141.
Analysis and Conclusion
Bail under Section 109 BNS can be canceled if the accused commits subsequent offences under the same section or related gravier offences, or breaches bail conditions. Courts have the authority under Section 483(3) of BNSS, 2023 to revoke bail and order the accused to surrender, especially when supervening circumstances warrant such action. The legal framework emphasizes careful assessment of the accused's conduct and the gravity of new offences to maintain judicial integrity and public confidence.
Search Results for "Bail Cancellation of under Section 109 Bns"
2025 Supreme(Online)(MP) 7509 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
MILIND RAMESH PHADKE, J
This application under Section 483 (3) of BNSS, 2023 seeks cancellation of bail granted to the respondent in M.Cr.C. ... No.41681/2025 related to Crime No.210/2024 for offences under specified sections. ... The ruling is that the bail bonds are cancelled, and the respondent must surrender to the Trial Court. ... This application has been filed by the applicant under Section 483 (3) of BNSS , 2023 for cancellation of bail granted to the respondent/acc....
2025 Supreme(Online)(MP) 8269 • India - High Court of Madhya Pradesh
It was thus, submitted that after grant of bail on 10.02.2025, Section 109 of BNS/307 of IPC and Section 103 of BNS/302 of IPC were enhanced, which are much graver offences than the offences under which the bail was granted, thus, in such supervening circumstances, cancellation of ... The court, in exercise of power under Section 437(5) or 439(2) CrPC, can direct for taking into custody the accused who has already been granted #HL_S....
2025 Supreme(Online)(Raj) 14464 • India - High Court of Rajasthan (Jodhpur Bench)
SUDESH BANSAL
Instant bail cancellation application has been filed by applicant under Section 483(3) of BNSS, seeking cancellation of bail order dated 03.12.2024 passed by the Sessions Judge, Jaisalmer in Bail Application No. 538/2024 whereby bail application filed by the accused-(respondent No.2 herein) in connection ... with FIR No. 281/2024 registered at Police Station Kotwali, District Jaisalmer for offences under Sections 115(2), 126(2), 109....
2025 Supreme(Online)(UK) 3525 • India - High Court Of Uttarakhand
Now, Section 109 of the Bharatiya Nyaya Sanhita, 2023 has been added. Non-bailable warrants have been issued against the applicants. ... Deep Chandra Joshi, Advocate, submitted that the applicants were granted regular bail in Case Crime No.575 of 2025 under Sections 115(2), 190, 191(2), 191(3), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Pathri, District Haridwar. ... He further submitted on instruction that the applicants....
2025 Supreme(Online)(Kar) 17161 • India - Karnataka High Court
S.VISHWAJITH SHETTY, J
This judgment analyses the application for bail under Section 439 of the Karnataka Criminal Procedure Code and Section 483 of the ... Ultimately, the petition was allowed and bail granted with certain conditions. ... The petitioner, accused No. 2 in Crime No. 116/2025, was arrested and denied bail by the Sessions Court. ... Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. ... 118 (2), 109(1),....
2025 Supreme(Online)(Bom) 247220 • India - High Court of Bombay
HON'BLE JUSTICE DR. NEELA GOKHALE
He submits that even originally, the FIR initiated against the Applicant was not under Section 109 of the BNS, but was only for the offence of grievous hurt. ... More particularly, when the deceased (at that time injured) gave his statement, the FIR was registered only for an offence of grievous hurt and Section 109 of the BNS was not even invoked. The other Accused have been granted bail by the Sessions Court during the investigation itself. ... An attempt was made ....
2025 0 Supreme(Pat) 701 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
(A) BNS Act, 2023 - Sections 115(2), 126(2), 109, 103(1), 352 and 3(5) - Sections 82 and 83 Cr.P.C. - Anticipatory bail - Petitioners ... can be considered even with proceedings under Sections 82 and 83 Cr.P.C. in progress, dependent on the specifics of the case. ... ... ... Result: Petitioners allowed bail under specified conditions. ... Section 438 Cr.PC/Section 482 B.N.S.S. and Sections 82 and 83 Cr.PC/#HL_ST....
2025 Supreme(Online)(P&H) 5497 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) ( Section 109 of BNS S ’) for grant of regular bail to the petitioners in case FIR No.42 dated 13.03.2025, registered under Section s 115 (2), 118, 117(2), 190, 191(3) of the Section 109 of a href="./.. ... In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/ Duty Magistrate as directed hereinabove or upon showing any other sufficien....
2025 0 Supreme(HP) 240 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Sandeep Sharma, J
(A) BNS - Sections 109, 115(2), 191(2), 191(3), 190 - Bail application - Petitioner granted bail as no evidence established her ... ... ... Result: Bail granted. ... involvement in the alleged crime, and co-accused were already released on bail - The presumption of innocence is paramount until ... Rajan Kahol, learned Additional Advocate General, attempted to argue that petitioner is accused of heinous crime punishable under Section 109#....
2024 Supreme(Bom) 1097 • India - Bombay High Court
(A) Bharatiya Nyaya Sanhita, 2023 - Sections 109, 333, 115(2), 118(1), 189(2), 189, 190, 191(2), 191(3), 351(2), 352 - Anticipatory ... attendance at police station, non-tampering with evidence, and cooperation with investigation - Violation of conditions may lead to cancellation ... bail applications - Applicants apprehending arrest in connection with cross-FIRs involving neighbors and relatives - Interim protection ... 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 ....
Filter by Legal Phrase
