Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail. The bench of Justice Sameer Jain reasoned that if based on such an application, bail granted to the accused is cancelled, then it would open...
The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail.
The bench of Justice Sameer Jain reasoned that if based on such an application, bail granted to the accused is cancelled, then it would open a Pandora's box and endless litigation would start between both parties.
The Court also added it is easy to reject a bail application but it is very difficult to cancel the bail already granted and for cancellation, very cogent and overwhelming reasons must be present.
The Court made these observations while dismissing a bail cancellation application filed on behalf of the applicant seeking cancellation of bail granted to opposite party no.2/accused vide order June 8, 2023, in a case under sections 376, 323, 504, 506 IPC.
It was the contention of the informant in the instant bail cancellation application that the accused/opposite party no. 2 is continuously threatening her and, in this regard, an application was moved before the higher authorities on September 02, 2023, and when no action was taken against him, then she had filed an application under Section 156 (3) CrPC which is still pending.
Supporting the bail cancellation plea, the AGA appearing for the state submitted that as per the application moved by the applicant, it appears that after release on bail, the accused is continuously threatening her and therefore, it appears that he has misused the liberty of bail granted to him.
However, rejecting her bail cancellation plea, the court said that while it is easy to reject a bail application, it is very difficult to cancel the bail already granted and for cancellation, very cogent and overwhelming reasons must be present which are missing in the present matter.
In view of this, the Court rejected the instant bail cancellation application.
Case title – XYZ vs. State of UP and another 2023 LiveLaw (AB) 436
Case Citation: 2023 LiveLaw (AB) 436