Criminal Procedure Code, 1973
Section 439(2) read with Section 482—Cancellation of bail—Application for—Murder case—Case of applicant/State is that respondent misused the liberty granted by the court and started getting involved in serious criminal activities and have flouted the conditions of bail—Applicant/State has not made any submission that any of the conditions as imposed in bail order has been violated by respondent—It is not alleged that respondent has tampered with any evidence, or has threatened or contacted the witnesses in any manner, or that he had not appeared before the Trial Court or has left the country—Flouting of such conditions is not the case applicant/State—Though the applicant has referred to Section 437(3) of CrPC where one of the inherent conditions is not to indulge in similar criminal activities, the same cannot be resorted to in a complete mechanical manner to cancel the bails already granted to accused persons, in as much as such an order curtails the liberty of an individual as guaranteed under Article 21 of the Constitution of India—Subsequent FIRs were registered 1 year and 8 months, post the order granting bail and 5 years post the registration of FIR in present case—Applicant has not brought out to the notice of court, any connection, whatsoever between the case registered in 2015 and the cases registered in 2020 against the respondent—Moreover, no suggestion has been made that commission of subsequent offences have any bearing on the fair trial of the present case—Applicant/State, while preferring the present application for cancellation of bail on ground of subsequent involvement of respondent in another crime, seeks to challenge the order granting bail on the ground of perversity, two years after the said order was passed—Order granting bail warrants no interference, especially when four years have already passed from the date of grant of bail, at the time when the present application is being decided by the High Court—No ground found to cancel the bail granted to respondent—Application dismissed.
[Paras 15, 16 & 20]