CANCELLATION OF BAIL ORDER FORMAT
(Section 437(5) / 439(2) CrPC)
IN THE COURT OF __________
(Sessions Court / High Court)
Case Title:
State / Complainant vs. __________
Application No.: __________
FIR No.: __________
Police Station: __________
Sections: __________
ORDER
-
This is an application filed under Section ___ of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to the respondent-accused vide order dated ___.
-
Heard learned counsel for the applicant and learned counsel for the respondent-accused. Perused the record/case diary.
BACKGROUND FACTS
-
The respondent-accused was granted bail by this Court / Learned ___ Court vide order dated ___ in connection with the aforesaid FIR.
-
The present application seeks cancellation of bail on the ground that the accused has misused the liberty granted by the Court.
GROUNDS FOR CANCELLATION (AS ALLEGED)
-
It is contended on behalf of the applicant that:
-
the accused has attempted to influence / threaten prosecution witnesses;
-
the accused has violated the conditions of bail;
-
the accused has committed a similar offence while on bail;
-
the accused is absconding / not cooperating with trial.
-
SUBMISSIONS ON BEHALF OF THE ACCUSED
-
Learned counsel for the respondent-accused submits that:
-
the allegations are false and motivated;
-
no cogent material has been placed on record;
-
mere apprehension cannot be a ground for cancellation of bail.
-
COURT’S CONSIDERATION & FINDINGS
-
I have considered the rival submissions and carefully examined the material on record.
-
It is settled law that cancellation of bail stands on a different footing than rejection of bail at the initial stage. Bail once granted should not be cancelled in a mechanical manner.
-
In Dolat Ram v. State of Haryana, the Hon’ble Supreme Court held that very cogent and overwhelming circumstances such as misuse of liberty, interference with the administration of justice, or violation of bail conditions are necessary for cancellation of bail.
-
In the present case, the material on record prima facie shows that the accused has __________, which amounts to misuse of the liberty granted by the Court. Such conduct strikes at the fair administration of justice.
ORDER
-
In view of the aforesaid facts and circumstances, this Court is satisfied that the respondent-accused has misused the liberty of bail.
-
Accordingly, the bail granted to the respondent-accused vide order dated ___ is hereby cancelled.
-
The respondent-accused is directed to surrender forthwith before the Trial Court, failing which the Trial Court shall take appropriate steps in accordance with law to secure his presence.
CLARIFICATION
-
It is clarified that the observations made herein are confined to the decision on the present application and shall not affect the merits of the case during trial.
Order accordingly.
Date: _____
Place: _____
(Judge’s Signature)
Name & Designation
🔑 MAINS EXAM GOLDEN POINTS
-
Cancellation ≠ Rejection of bail
-
Misuse of liberty is the key test
-
Always cite Dolat Ram v. State of Haryana
-
Use calm, non-accusatory language
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