BAIL CANCELLATION BY ALLAHABAD HIGH COURT: ALL YOU NEED TO KNOW
In India, bail plays a vital role in our criminal justice system. It maintains the balance between an individual’ criminal justice system. It maintains the balance between an individual’s right to liberty and society’s well-being. But sometimes there are situations where we need to cancel bail applied by the accused. Let’s see how one can go about filing bail cancellation application under BNSS 20 23.
Which are the relevant sections under BNSS 20 23/ Cr. P.C. 1973 for bail cancellation?
Under the newly enacted law Bharatiya Nagarik Suraksha Sanhita (BNSS) 20 23 act, the principles relating to the Bail cancellation has been preserved with some modifications in the newly inserted provisions. The relevant provisions under the B. N. S. S are as follows:
| Provision | Content |
| Section 483(3) | “On receipt of proof that the conditions of the bail bond have been violated, or otherwise if it thinks fit in the interest of justice, the Court of Sessions or High Court may order the arrest of the person who has been released on bail under the provision of this Act and commit that person to custody.” |
| Section 480(5) | “Where the Court has released a person on bail, it shall continue to have power to arrest him and commit him to custody in the event of circumstances arising in which the Court considers it necessary to cancel the bail previously granted by it under this Act.” |
| Cr.P.C. | Bail cancellation under both sections i.e “ Section 437(5) & Section 439(2)” empowers the Court which granted the bail or the higher Court to cancel the bail on two grounds. |
Section 480(5) of BNSS and Section 483(3) of BNSS provides courts with a similar power to cancel bail. Thus Judges have wide discretionary powers under these provisions.
Under Cr.P.C. : Bail cancellation under both sections i.e “ Section 437(5) & Section 439(2)” empowers the Court which granted the bail or the higher Court to cancel the bail on two grounds.
- If the conditions of bail granted are violated by the accused. Or
- If some other circumstances arise which requires the Court to cancel the bail.
When can we file an application for bail cancellation?
When bail is granted it’s not absolutely guaranteed that the accused will get off scot-free. If he violates any of the conditions which were granted for bail or do any act which might hamper the investigation, the bail can be cancelled. Some of the grounds for the cancellation of bail are:
| Ground | Explanation |
| Violation of Conditions | The bail granted by the Court may have many conditions that must be followed by the accused some of which are like not leaving the jurisdiction, reporting to the police station monthly, not contacting the prosecution witness.etc |
| Misusing the liberty by the Accused | The accused uses his liberty in bail in a way that may hamper the process of justice e.g. committing a similar crime. |
| Tampering of evidence | If the accused tries to destroy or indulge in activities that alter the evidence it will hamper the fair trial of the proceedings. And is also a ground to cancel bail. |
| Threatening or attacking the witnesses | Courts do not take it lightly if the witnesses are threatened. If it can be proved that the accused has threatened, influenced, or bribed the court may cancel the bail. |
| Committing a similar or other crime | If it is found that the accused has committed a different crime during the bail period. The court may revoke the bail as the conduct of the accused is not suitable to be granted the freedom. |
| Absconding | The accused fails to appear for the trial or tries to avoid the jurisdiction can also be a ground for cancellation of bail. |
| Interfering with investigation | If it is found that the accused has been interacting with the prosecution witnesses or has been interfering with the investigation. Bail can be cancelled. |
In Aslam Babalal Desai v. State of Maharashtra(1992), Supreme Court clearly stated Bail can be cancelled on the following grounds:
- “ (i) where the accused misuses his liberty by taking part in similar kind of criminal activity
- (ii) where he interferes with the course of investigation.
- (iii) where he tries to tamper evidence of witnesses,
- (iv) where he threatens witnesses or does any act which will hamper the fair investigation,
- (v) where there arises a likelihood of his fleeing out of the country.
- (vi) where he tries to become unsuccumbable either by going underground or by making himself unavailable to the investigating agency, or
- (vii) where he does anything which will try to place him out of reach of his surety etc..”
Who can file an application for bail cancellation?
The application for bail cancellation can be moved by either of the below persons provided they have a valid reason to do so.
| Person/Authority | Ground |
| Public Prosecutor | If the public prosecutor feels that the accused is misusing his liberty time or is not abiding by the conditions of the bail. He can file for bail cancellation. |
| Complainant/Victim | The person who filed the FIR or complained about the accused can also move the Court for bail cancellation. |
| Investigating Agency | If new evidence has been found by the Investigating Agency which proves that the accused is hindering the investigation. They too can apply for bail cancellation. |
| The Court | The Hon’ble Court can suo motu cancel a bail on its own if it comes to their notice that the accused is not following the bail conditions or is misusing his liberty. (Puran vs. Rambilas and Another) |
Effect of Judicial pronouncements on bail cancellation
The Courts have always been mindful of cancelling bail. It’s because personal liberty is a fundamental right. Bail is the rule and jail is the exception. Courts can’t cancel the bail on mere allegations. They must be sure of the facts and reasons to cancel the bail.
| Case | Observation |
| Smt. Usha Rani v. State of U. P. | In Smt. Usha Rani v. State of U. P., The Hon’ble Allahabad High Court dealt with a Bail cancellation application on the ground that the accused after getting bail transferred her property. But the court refused to cancel the bail as nothing concrete came up even after 4 years. |
| Gurcharan Singh & Ors vs State (Delhi Administration) | In Gurcharan Singh & Ors vs State (Delhi Administration), Police officers were accused of murdering a proclaimed dacoit inside the lock-up. The Sessions Court granted them bail even though it believed that the accused might tamper with the witnesses. The High Court cancelled their bail on account of the seriousness of the offence. The Apex Court agreed stating that it will not allow accused to compromise the fair trial. |
Grounds for cancelling bail after it has been granted?
The Hon’ble Apex Court in Daulat Ram v. State of Haryana (1995) stated that the court should not cancel bail if there’s no evidence that the accused has.
- Committed another offense:- Pooja Bhatia v. Vishnu Narain Shivpuri (2014)
- Threw acid on the complainant after getting bail which was held to be serious conduct.
- Tampered with evidence or interfered with the investigation: - Raghubir Singh v. State of Bihar (1986), State (Delhi Administration) v. Sanjay Gandhi (19 78).
- Threatened witnesses or indulged in similar activities.
The Courts will also look into the seriousness of the offence, nature of conduct by accused and chances of him absconding while dealing with bail cancellation applications.
Difference between cancellation of bail and anticipatory bail?
| Type | Explanation |
| Cancellation of Regular Bail | If the person violates the bail conditions, tries to interfere with the investigation, attacks the witnesses or commits a crime during his bail period. The Court may cancel his bail. Even if he abuses his liberty or doesn’t appear for trial, regular bail can be cancelled. |
| Cancellation of anticipatory bail | When an anticipatory bail is granted if facts emerge which show that accused is not eligible to be granted protection from arrest. Like if he abscond, threatens witnesses, or commits a crime during the bail period. The court can always cancel his bail. Even if it comes to notice that he has violated the conditions granted by the Court while granting anticipatory bail. |
The difference between both is that in an anticipatory bail cancellation the court may discover the reasons even before the person is arrested. But here also the Court can only cancel the bail if there are some strong reasons.
What happens when anticipatory bail is cancelled?
The accused will lose his protection from arrest and police can arrest him.
Procedure:-
Once you have decided to go ahead with bail cancellation. One has to be very cautious of the facts. While drafting bail cancellation application. Remember that the power to cancel bail is always construed narrowly. You need to focus on the grounds which are valid under the law. Tie the facts to such grounds and you have your proper application for cancellation of bail ready.
Remedy available:
As bail is the rule and jail is exception. Therefore bail cancellation is not easy. There must be strong circumstances against the accused. Showing his misconduct during the bail period. Only then will the Hon’ble Court be convinced to cancel the bail.
Frequently Asked Questions
1. What does bail cancellation mean?
Bail cancellation means that the court calls off the liberty it earlier granted to an accused person and orders that the accused be taken into custody again. Bail cancellation is commonly resorted to if the accused violates bail conditions, misuses his liberty, threatens witnesses, tampers with evidence, absconds or interferes with investigation or trial.
2. Can bail granted be cancelled?
Yes. Bail once granted can certainly be cancelled provided there are strong legal grounds to do so. Bail is not an absolute right upon release from custody. Where the accused misbehaves himself or violates the terms of conditions which were imposed on him while granting bail, bail may be cancelled.
3. Which provisions under BNSS deal with bail cancellation?
As per the article, under Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 480(5) and 483(3) would deal with bail cancellation. These Sections empower the court to arrest the accused and commit him to custody where conditions of bail are violated or the court feels the need to cancel bail in interests of justice.
4. What were the relevant provisions under Cr.P.C. for bail cancellation?
Sections 437(5) and 439(2) of Cr.P.C dealt with bail cancellation. These Sections empowered the court which granted bail or the Court higher to it to cancel bail either on fulfilment of conditions or when fresh circumstances arose which required cancellation of bail.
5. Which court can cancel bail under BNSS?
Court of Sessions or High Court can cancel bail in appropriate cases. The court which granted bail also has powers to arrest the accused and commit him to custody if circumstances arise which indicate that bail ought not to continue any further.
6. Can bail be cancelled by Allahabad High Court?
Yes. The Allahabad High Court can cancel bail if sufficient grounds are shown to it. The High Court will typically look into whether the accused misused the bail he was granted, violated conditions, threatened witnesses, interfered with investigation, tampered with evidence, absconded or committed another offence.
7. When can we file an application for bail cancellation?
An application for bail cancellation can be filed when the accused violates bail conditions, misuses his liberty, threatens/influences witnesses, tampers with evidence, avoids trial, commits another offence, interferes with investigation, etc.
8. Is violation of bail conditions ground for cancellation?
Yes. Violation of bail conditions is one of the prime grounds for cancellation of bail. For instance, if the accused was instructed not to leave jurisdiction or court’s supervision, report regularly to the police station, avoid contact with the witnesses or appear before the court as required, and he does any of the opposite, then his bail can be cancelled.
9. Can bail be cancelled for threatening witnesses?
Yes. Threatening or pressurizing witnesses is ground for cancellation of bail. Bail can be cancelled if the accused threatens, pressures, influences, attacks, bribes or intimidates the witnesses.
10. Can bail be cancelled for tampering with evidence?
Yes. Tampering with evidence is also ground for cancellation of bail. If the accused destroys, modifies, hides or manipulates evidence or attempts to interfere with it, bail can be cancelled.
11. Can bail be cancelled if the accused commits another offence?
Yes. Commission of another offence similar or unrelated to the offence for which he was granted bail is ground for cancellation. The court can treat this as misuse of liberty and may feel that accused is not deserving of the bail any longer.
12. Can bail be cancelled if the accused absconds?
Yes. Absconding is also a ground for cancellation of bail. If the accused does not appear before the court, avoids trial, avoids the investigating agency, leaves jurisdiction without permission or becomes unavailable to the investigating agency, then his bail can be cancelled.
13. Does interference with investigation warrant bail cancellation?
Yes. Interfering with investigation is ground for cancellation of bail. Contacting witnesses, influencing complainant, obstructing police inquiry, destroying important material or trying to derail investigation can get the accused’s bail cancelled.
14. Who can file an application for bail cancellation?
An application for bail cancellation can be filed by Public Prosecutor, complainant, victim, investigating agency or any other person who has sufficient cause to do so. Further, in appropriate cases, even the court can cancel bail on its own if it comes to notice that the accused is misusing his liberty.
15. Can the complainant or victim file for cancellation of bail?
Yes. The complainant or victim can file an application for bail cancellation if he/she can show that the accused is misusing the bail he was granted, threatening him, influencing witnesses, violating conditions, interfering with investigation or avoiding trial.
16. Can Public Prosecutor move an application for cancellation of bail?
Yes. The Public Prosecutor can also file for bail cancellation if accused is not following the conditions of bail, misusing liberty, threatening witnesses, committing another offence or creating a situation which does not make the continuation of bail any longer safe or proper.
17. Can the investigating agency apply for bail cancellation?
Yes. The investigating agency can move a bail cancellation application if it discovers material after bail was granted which shows that the accused is trying to obstruct investigation, influence witnesses, destroy evidence, abscond or misuse the liberty granted by the court.
18. Can bail be cancelled by the court on its own?
Yes. The court can cancel bail on its own Num if it receives information that the accused has violated the conditions of bail or is misusing his liberty. As per the article, this principle has been discussed in Puran v. Rambilas and Another.
19. What did the Supreme Court say in Aslam Babalal Desai v. State of Maharashtra?
The Supreme Court mentioned various situations in Aslam Babalal Desai v. State of Maharashtra which could warrant cancellation of bail including misuse of liberty, doing acts which are similar to the offence he was imprisoned for, interfering with investigation, tampering with evidence, threatening witnesses, likelihood of fleeing from justice, going underground, or becoming unavailable to the investigation agency.
20. Can bail be cancelled on allegations?
No. Courts do not cancel bail on mere allegations. Since personal liberty is a fundamental right, the courts must be satisfied with strong material, cogent facts and legally valid reasons before cancelling bail.
21. What did the court observe in Smt. Usha Rani v. State of U.P. ?
As per the article, in Smt. Usha Rani v. State of U.P., the High Court looked into a plea for cancellation of bail on the grounds that the accused transferred property after he was granted bail. The court refused to cancel bail because no material had surfaced even after 4 to 5 years.
22. What is the significance of Gurcharan Singh v. State?
The Apex Court upheld cancellation of bail in Gurcharan Singh v. State as it felt that seriousness of offence and possibility of witnesses being tampered with affected fair investigation/trial. The case illustrates that courts have the power to cancel bail if they feel that continuation of bail will adversely affect fair proceedings.
23. What did Daulat Ram v. State of Haryana state about cancellation of bail?
Daulat Ram v. State of Haryana lays down that bail should not be cancelled lightly. There needs to be strong reasons for cancelling bail. Some of these reasons include commission of another offence, tampering with evidence, interference with investigation, threatening witnesses, etc.
24. What is the difference between cancellation of bail and cancellation of anticipatory bail?
Cancellation of bail is applicable after the accused has been arrested and then released on bail. Cancellation of anticipatory bail is applicable where the accused was granted bail prior to his arrest. In both scenarios, the bail can be cancelled if sufficient reasons arise after granting of bail such as violation of conditions, absconding, threatening witnesses, interference with investigation, etc.
25. What happens after cancellation of anticipatory bail?
On cancellation of anticipatory bail, the accused loses his protection from arrest and police can arrest him according to law. The accused would then have to apply for regular bail from the competent court.
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