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  • Writer's pictureChambers of Daksha Kumar

What are the grounds for cancellation of Bail?

Updated: Apr 26, 2022

The court that grants bail has the authority to revoke it at any moment for a variety of reasons, either on its own or in response to an application from the police, a complaint, or a victim.

Under Section 21, the accused has a fundamental right to bail. The Indian constitution grants the accused complete personal liberty to prepare his case and prove his innocence. In comparison to remaining in custody, he could do this better when he is free.

When a person is out on bail, he or she has a better chance of presenting a fair case and defending themselves than when they are in detention. As a result, the rule of granting bail has been established, and cancellation is a rare circumstance.

However, there are specific grounds on which an aggrieved person or complainant can ask for the accused's bail to be cancelled. The court can adjudicate a bail application under section 439 while taking into account various factors such as the severity of the crime, the evidence of the crime, the possibility of the accused fleeing or repeating the same crime, temperament with the evidence, attempting to harass the victim or witness, and so on.

Before cancelling bail, the court must ensure that the accused receives a fair trial. When hearing a bail cancellation application, the court must be open and flexible, examining all possible violations of the rule and making a decision based on their judgement and the facts presented.

The Supreme Court held in Prakash Kadam and others Vs. Ram Prasad Vishwanath Gupta and others (2011 (6) SCC 189) that when hearing a bail cancellation plea, the court must consider the severity and nature of the offence, the status of the accused, and the prima facie case against the accused. Ifthe charges against the offender are extremely serious, the release must be cancelled even if there is no violation of the bail rules.

The Supreme Court observed in another instance, Dinesh M.N. (SP) Vs. State of Gujarat (2008 5 SCC 66), that reappreciation of evidence should be considered under section 439. (2). The reason for this was simple: the court hearing the motion for bail cancellation may not have known how much the irrelevant material mattered at the time of bail granting.

Therefore, we can conclude that bail can be revoked for a variety of reasons, and the court has the authority to do so at any moment.

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