BAC/1/2019 of SMT. KAVITA Vs RUPESH KUMAR

In the said order, the learned Session Judge has observed that perusal of the application shows that the main grudge of the applicant is that the respondent accused is not appearing in the court in-seisin of the criminal trial. There is no averment before the learned Session Judge regarding any threat given to the applicant either through social media, SMSs or directly, hence the learned Session Judge hold that this is not fit case to cancel the bail already granted to the private respondent. Refusal of bail in non bailable case is one thing but cancellation of bail already granted in non bailable case is another thing. Substantial and valid ground has to be established by the parties seeking cancellation of bail already granted to show that it is not fit case for cancellation of bail. Moreover, all the offences that are alleged in this case are not punishable with imprisonment exceeding seven years. So the views taken by the Hon’ble Apex Court and directions given by it in the reported case of Arnesh Kumar vs. State of Bihar & another, 2014 (8) SCC 273, which was also case of cancellation of bail is applicable to the present case.

In that view of the matter this Court is of the opinion that there is no substantial and reasonable ground to cancel the bail granted to the private respondent. Application for cancellation of bail, is, therefore, dismissed being devoid of merit.

( S.K. Mish r a, ACJ.) 2 1 .0 5 .2 0 2 2