Delhi High Court Upholds Bail Amidst Allegations of Intimidation

Allegations of threats and social media intimidation fail to substantiate grounds for bail cancellation

In a significant decision, the Delhi High Court has dismissed a petition seeking the cancellation of bail granted to Manish, the second respondent, in connection with a criminal case involving charges under Sections 436, 457, 380, and 34 of the Indian Penal Code. The judgment, delivered by Justice Ravinder Dudeja, underscores the stringent requirements for bail cancellation, highlighting the necessity for cogent and overwhelming evidence to justify such an action.

The petitioner, Zafeer Alam, had sought the cancellation of bail granted to Manish by the Sessions Court, citing alleged violations of bail conditions. According to the petitioner, Manish and his co-accused had created an atmosphere of fear in the community, allegedly issuing threats through social media and displaying weapons. Despite these claims, the court found the allegations unsubstantiated due to a lack of specific evidence or formal complaints lodged with the police.

Justice Dudeja emphasized the distinction between the rejection of bail at the initial stage and the cancellation of bail already granted, noting that the latter requires compelling circumstances. The court observed that mere allegations or speculative fears are insufficient for cancelling bail. Although screenshots of social media posts were presented, they failed to demonstrate clear intimidation or threats aimed at the petitioner.

The judgment also noted that no formal complaints regarding threats had been made to the police, further weakening the petitioner's case. The court reiterated that substantial evidence is essential to substantiate allegations of threat or intimidation, which were absent in this case.

The decision reflects the judiciary's cautious approach to bail cancellation, ensuring that such actions are grounded in concrete evidence rather than conjecture. The ruling serves as a reminder of the importance of adhering to legal procedures and the necessity of substantiating claims with credible evidence.

Bottom Line:

Principles governing cancellation of bail already granted, and the distinction between rejection of bail at the initial stage and cancellation of bail. 

Statutory provision(s): Section 483(3) BNSS, Section 436, Section 457, Section 380, Section 34 IPC

Zafeer Alam v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2788725