Bharatiya Nagarik Suraksha Sanhita, 2023
Sections 482 & 528—Order cancelling bail—Appeal—Rape case—Bail cancelled on ground of violation of conditions imposed by the High Court while granting bail to the appellant—Contention that High Court had granted relief of regular bail subject to certain conditions; in fact there has been no violation of any of conditions of the regular bail; that in fact it was the complainant, the so-called victim who was contacting the appellant—Relationship is a consensual relationship—Present court perused the order granting bail passed by the High Court in light of circumstances that have emerged subsequent to the grant of the said order and in light of the submissions advanced at the Bar—High Court was not justified in cancelling the bail granted to the appellant—Impugned order set aside—Appeal allowed.
[Paras 9, 11 & 12]