High CourtsSingle Bench(2021) 03 SHI CK 0092

State Of Himachal Pradesh And Others vs Narinder Kumar Gupta

High Court Of Himachal Pradesh · Decided on 10 March 2021

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 464, 465 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 229 words

Sandeep Sharma, J

1.

By way of present petitions filed under Section 439(2) CrPC, prayer has been made on behalf of the petitioner-State for the cancellation of bail

granted by this Court vide order dated 1st October, 2020 passed in Cr.MP’s Nos.1735 and 1736 of 2020, in case FIR No.12 of 2020, dated

28.9.2020, under Sections 498-A, 354-A, 354-C, 506 and 34 of IPC, registered at Women Police Station, Shimla, District Shimla, H.P.

2.

Having heard learned Additional Advocate General and perused the grounds taken in the petitions for cancellation of bail, this Court finds that the

bail granted to respondent(s) is now being sought to be cancelled on the ground that they and their family members are not helping the police to get the

recovery of “Stridhan†effected, however this Court is afraid that the bail granted by this Court can be cancelled on the aforesaid ground. Bail

granted by the Court can only be cancelled in case respondents jump over the bail and they are not complying with the conditions imposed by the

Court while enlarging them on bail. Learned Additional Advocate General was unable to point out breach of any condition imposed by this Court while

enlarging the respondent(s) on bail and as such, no case, if any, is made out for cancellation of bail.

Accordingly, both the petitions are dismissed being devoid of any merit.