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Bombay High Court

Mrs XversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court held that the allegations and procedural deficiencies do not meet the strong ground required for cancellation of bail, and therefore the bail remains in force.

Summary

The applicant sought cancellation of anticipatory bail granted to the accused on the ground that the accused allegedly threatened and harassed her, violating the bail condition prohibiting pressurising witnesses or tampering with evidence. The complainant filed a non‑cognizable report and later an FIR, but the FIR omitted the alleged gun‑point threat. The court examined whether these complaints, without any action under Section 155(2) of the CrPC or a private complaint before a magistrate, amounted to a strong ground for bail cancellation under Section 483(3) of the Bharatiya Nyaya Sanhita. Citing the decision in Hulaji Gangaram Shete v. Balaji Ramji Shinde (2022) and the Supreme Court’s ruling in State (Delhi Administration) v. Sanjay Gandhi (1978), the bench held that cancellation of bail requires concrete evidence of interference with justice and that mere lodging of complaints is insufficient. Consequently, the application for cancellation of bail was rejected.

Issues considered

  • Whether the alleged violation of bail condition (pressurising witnesses or tampering with evidence) justifies cancellation of bail.
  • Whether the complaints and the FIR, which omitted the gun‑point allegation, constitute sufficient ground for cancellation under Section 483(3) of the Bharatiya Nyaya Sanhita.
  • Whether procedural requirements under Section 155(2) of the Code of Criminal Procedure must be exhausted before a court can cancel bail.

Legislation cited

Subjects

  • bail cancellation
  • anticipatory bail
  • violation of bail conditions
  • evidence tampering
  • non‑cognizable offence
  • Section 155 CrPC
  • Bharatiya Nyaya Sanhita
  • harassment
  • gunpoint threat
  • Supreme Court precedent

Judgment

2026:BHC-AUG:3566



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                                                                         12.26ACB

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                      907 APPLICATION FOR CANCELLATION OF BAIL
                                      NO. 12 OF 2026
                           IN ANTICIPATORY BAIL APPLICATION
                                     NO.1551 OF 2025
                                             MRS. X
                                             VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                                 ...
                              Advocate for Applicant : Mr.R.A.Jaiswal
                             APP for Respondent-State : Mr.R.K.Ingole
                                                …
                                           CORAM : MEHROZ K. PATHAN, J.
                                            DATE      : 17.01.2026

                    P.C. :


                    1]          The applicant has filed present application,

                    seeking cancellation of bail granted by this Court, vide order

                    dated 27.11.2025 on the ground of violation of condition

                    no. (C) imposed by this Court wherein this Court has

                    directed that the applicant shall not pressurize the

                    prosecution witnesses and shall not tamper with the

                    evidence, in any manner.


                    2]          The learned counsel for the applicant-original

                    complainant submits that after grant of bail by this Court,
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                                                  12.26ACB

the accused has again started harassing the complainant

and pointed gun towards the complainant at Tahsil office. A

complaint was made by the original complainant to the

Bhusawal City Police Station on 29.12.2025. Accordingly,

N.C.No. 290/2025, dated 29.12.2025, is registered with

Bhusawal City Police Station. The contents of the non-

cognizable report were not as per the statement made by

the complainant herein, the complainant-victim thus

submitted an application to the Sub Divisional Police

Officer, Bhusawal [SDPO] on 29.12.2025, pertaining to the

omissions of the Police Authorities while registering the

N.C. and not mentioning the allegations, which are levelled

by the complainant. The SDPO, taking cognizance of the

complaint made by the victim, had directed the concerned

police to register the FIR. Accordingly, FIR bearing

No.305/2025 was registered       against the accused on

30.12.2025 for the offence punishable under Section 74 and

78 of the Bharatiya Nyaya Sanhita, 2023, for stalking and

outraging modesty of the complainant by making obscene

gestures.
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                                                    12.26ACB

3]          The   victim   again   was   not   satisfied   by

registration of the FIR and as such made further complaint

to the Superintendent of Police on 06.01.2026 alleging that

the allegation of pointing pistol by the accused was not

incorporated in the non cognizable report as well as in the

FIR, as such, the appropriate action shall be taken.

However, despite of such complaint, no further action is

taken by the Superintendent of Police. The complainant-

victim, having no other remedy, has approached this Court

for cancellation of bail for violation of condition no. (C)

imposed by this Court, vide order dated 27.11.2025.


4]          I have gone through the final order passed by

this Court dated 27.11.2025 and also order dated

09.09.2025 passed by this Court, granting interim order

considering the nature of the allegations. Both the orders

dated 09.09.2025 and 27.12.2025 takes into consideration

the discrepancies in the statement made by the victim and

thus granted bail to the accused. It is specifically observed

in the order dated 27.11.2025 that although FIR initially
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                                                     12.26ACB

refers to threats and criminal intimidation, the subsequent

statement of the complainant recorded on 25.07.2025

contains allegations of rape not only against the son of the

applicant but also against the present applicant. Perusal of

the   supplementary    statement    of   the   victim   dated

28.07.2025 speaks about the entirely different story than

that of the First Information Report and even the allegations

of extortion on the threat of making the nude video viral is

against the son of the applicant–Azad Kedarnath Sanap.


5]          The present application is filed on the ground of

threats given by the accused to the complainant on the basis

of which NC report and FIR are registered. The fact

remains, even though there was a direct allegation about

threatening the victim on gunpoint by the accused, the

police authorities did not incorporate the said allegations in

the NC report. Even after the complaint was made to the

Deputy Superintendent of Police and after direction of

registration of FIR, the FIR which is registered by the Police

Station, Bhusawal City bearing No.305/2025 also does not
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                                                    12.26ACB

mention    about   any   allegation   of   threatening   the

complainant by means of pistol by the accused. The

complaint dated 06.01.2026 made to the Superintendent of

Police again takes exception to the FIR not incorporating

the allegations of gun point. The continuous complaint

made by the applicant / original victim prima facie shows

the tendency of the present applicant / complainant to

somehow create an evidence to cancel the bail of the

accused granted on merits. The accused was initially

protected vide order dated 09.09.2025. While confirming

the interim protection vide order dated 27.11.2025, no such

complaint of violating the condition or intimidating the

complainant was informed to the Court by the prosecution.

Thus, taking into consideration the nature of allegations, it

appears that the complaints made by the applicant–victim

are made with an intention to somehow deny relief of bail

to the accused.


6]          The Single Bench of the Bombay High Court

Aurangabad Bench in the case of Hulaji Gangaram Shete Vs.
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                                                              12.26ACB

Balaji Ramji Shinde and others                in Application for

Cancellation of Bail No.144/2021, decided on 28.02.2022,

has observed in para 6 as under :

            6.      It is to be noted that the said non cognizable
            offence appears to have been registered under Section 155
            of the Code of Criminal Procedure. It appears that the
            police have not taken any recourse to Section 155 (2) of
            the Code of Criminal Procedure, nor the present applicant
            had taken further legal steps by filing private complaint
            before the concerned Judicial Magistrate First Class for
            taking further legal recourse. Under such circumstance, if
            authorities as well as the applicant himself has not taken
            action, that fact as alleged in the N.C. complaint cannot be
            taken as a ground for cancellation of bail. If actions are
            taken by this Court such as cancellation of bail on the basis
            of the N.C. complaints, then every informant would come
            to this Court with a prayer of cancellation of bail. What is
            expected is that the legal recourse that is available to the
            informant/witnesses and/or to the police should be
            exhausted so that the concrete evidence can be before this
            Court to take extreme step of cancellation of bail. When
            bail is granted after considering all the merits involved,
            then its cancellation cannot be on the basis of mere
            lodging of a non cognizable offence.



            Thus, in the present case also, no step as

provided under Section 155 (2) is either taken by the Police

nor any complaint before Judicial Magistrate First Class

filed by the applicant herein.


7]          The law regarding cancellation of bail has been

sell settled in catena of decisions by the Hon’ble Apex Court
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                                                        12.26ACB

to the effect that the cancellation of bail can be ordered

only on the strong ground and the bail already granted on

merits should not be cancelled by the High Court unless it

appears that the accused is interfering with the course of

justice by tampering with the evidence. It is also trite law

that power to cancel the bail has to be exercised with

caution and great circumspection in appropriate cases. The

Hon’ble Supreme Court in the case of State [Delhi

Administration] Vs. Sanjay Gandhi reported in [1978] 2

SCC 411, was pleased to observed as under :


           “Rejection of bail, when bail is applied for is one
           thing; cancellation of bail already granted is quite
           another. It is easier to reject a bail application in a
           non-bailable case than to cancel a bail granted in such
           a case. Cancellation of bail necessarily involves the
           review of a decision already made and can by and
           large be permitted only if, by reason of supervening
           circumstances, it would be no longer conducive to a
           fair trial to allow the accused to retain his freedom
           during the trial.”



8]         Thus, taking into consideration the above

observations of the Single Bench of this Court and in the

judgment cited above, I am not inclined to exercise
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                                                     12.26ACB

jurisdiction under Section 483 (3) of BNSS for cancellation

of bail. Hence, the present application is hereby rejected.


9]          The observations made herein above against the

complainant are prima facie in nature and may not

influence any other Court.


                                   [MEHROZ K. PATHAN]
                                         JUDGE
DDC


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