Punjab & Haryana HC: No misuse of bail—Petitions for cancellation dismissed

Case Name: Het Ram Garg & Anr. v. State of Haryana & Anr.
Date of Judgment: January 9, 2020
Citation: CRM-M-4117-2019
Bench: Hon’ble Mr. Justice Arvind Singh Sangwan

Held: The High Court dismissed six petitions seeking cancellation of regular and anticipatory bail granted to accused persons in a case involving allegations of conspiracy, extortion, and circulation of an obscene video. The Court reiterated that bail once granted can only be cancelled on cogent grounds such as misuse of liberty, interference with justice, or attempts to abscond. In the absence of any such supervening circumstances, cancellation was unwarranted.

Summary: The dispute arose from a long-standing rivalry within the Sanatan Dharam Education Board, where allegations were made that the accused sought to defame the complainant’s brother by fabricating and threatening to publicize an obscene video. Several accused, including Kishan Chaudhary, Surender Chaudhary, Raj Kumar @ Raju, and others, were granted bail at different stages. The petitioners contended that the Sessions Court had ignored the seriousness of allegations. However, the High Court noted that bail had been granted after filing of the charge-sheet and with detailed reasoning on each accused’s role. Relying on Supreme Court precedents (Ms. X v. State of Telangana, 2018; CBI v. Subramani Gopalakrishnan, 2011), the Court emphasized that cancellation of bail requires very strong grounds, not mere re-appraisal of facts already considered. As no evidence of misuse of bail was shown, and police affidavits also confirmed no violation of bail conditions, the petitions failed.

Decision: All petitions dismissed. Bail/anticipatory bail of accused persons to continue.