While allowing an application seeking cancellation of bail granted to an accused booked for harassing a minor girl who died by suicide due to repeated harassment suffered by her after the release of the accused, the Allahabad High Court has held that the accused had deliberately breached the conditions of bail and misused the liberty granted to him.

The High Court was considering an application filed on behalf of the informant under Section 483(3) BNSS for cancellation of bail granted to the opposite party (accused) in a case registered under Sections 74, 115(2) BNS and Sections 7, 8 of the POCSO Act.

The Single Bench of Justice Raj Beer Singh held, “It was shown that in this second case after investigation chargesheet has been submitted against opposite party no.2. Thus, prima facie the allegations made in the subsequent case under Section 108 BNS have been substantiated during investigation. From the conduct of opposite party no.2 and aforesaid facts, it is apparent that opposite party no.2 Vineet has misused the liberty of bail granted to him in Case Crime No.61 of 2025 vide order dated 05.06.2025, passed in Criminal Miscellaneous Bail Application No.15679 of 2025. There is sufficient material to indicate that opposite party no.2 has deliberately breached the conditions of said bail and misused the liberty of bail and thus, a case for cancellation of bail granted to the opposite party no.2 vide order dated 05.06.2025 is made out.”

Advocate Abhinav Mishra represented the Applicant, while Advocate Aushim Luthra represented the Respondent.

Arguments

It was the applicant’s case that his minor daughter was harassed and molested by the accused, and in that regard, he had lodged a first information report. It was submitted that after the accused was released on bail, he again started harassing the daughter of the applicant, threatened her, and as a result, his daughter committed suicide.

Reasoning

The Bench, at the outset, reaffirmed that the considerations and parameters by a Court while granting bail are different from those of cancellation of bail. Referring to a catena of decisions, the Bench stated, “Thus, it is well settled that bail granted to an accused may be cancelled, where it is shown that such accused has misused his liberty by indulging in criminal activity or attempts to tamper with evidence or witnesses or threatens witnesses or on the grounds of like nature.”

Highlighting how the Courts have evolved certain broad principles, wherein bail granted to an accused can be cancelled, the Bench further explained, “Bail granted to an accused may also be cancelled if reason of supervening circumstances, it would be no longer conducive to a fair trial to allow accused to retain his freedom during bail. Where an accused has been enlarged on bail subject to certain conditions and it is shown that such accused has substantially and deliberately violated such conditions, such bail / anticipatory bail could be cancelled.”

On a perusal of the facts of the case, the Bench noted that after the accused was released on bail, he again started harassing the daughter of the informant/ applicant and threatened her. As a result of this, the girl committed suicide. The Bench noticed that a case was also registered against the accused under Section 108 BNS.

Finding that the accused had deliberately breached the conditions of said bail and misused the liberty granted to him, the Bench allowed the application for the bail cancellation.

Cause Title: Veer Pal Singh v. State Of U.P. (Neutral Citation: 2026:AHC:57652)

Appearance

Petitioner: Advocates Abhinav Mishra, Ankit Kumar, Mata Achal Mishra, Sanjay Kumar Singh, Shrawan Kumar Pandey, Vinay Mishra

Respondent: Advocate Aushim Luthra, Government Advocate, Harishchandra Yadav

Click here to read/download Order


Allahabad High CourtJustice Raj Beer Singh

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.