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HIGH COURT OF DELHI
Date of Decision: 27.03.2024
A ..... Petitioner
Through: Mr.Suraj Kumar Jha and Mr.Raghav Vij, Advs.
Through: Mr. Shoaib Haider, APP Mr.Akshay Sharam, Adv. for
R-2 (through VC)
JUDGMENT
1. This petition has been filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’), praying for cancellation of anticipatory bail that was granted to the respondent no.2 vide Order dated 03.02.2021 passed by the learned Additional Sessions Judge-02, South-East District, Saket Courts, New Delhi in BA No.289/2021, titled as State v. Sunil Sharma.
2. The petitioner had also filed an application seeking cancellation of the anticipatory bail granted to the respondent no.2 before the learned Additional Sessions Judge-02, which came to be dismissed by the said Court vide its Order dated 23.11.2021, observing as under:
3. The learned counsel for the petitioner submits that the respondent no.2, by himself and through others, is constantly threatening the petitioner to withdraw her complaint against him and not to support the case of the prosecution in the trial. He submits that repeated complaints in this regard have been made to the police.
4. On the other hand, the learned APP and the learned counsel for the respondent no.2 have drawn my attention to the Status Report dated 03.08.2022 filed by the SHO, Police Station: Kalkaji, New Delhi.
5. A perusal of the Status Report shows that the complaints made by the petitioner have been duly investigated and no substance has been found in the same.
6. In Deepak Yadav v. State of U.P., (2022) 8 SCC 559, the Supreme Court has emphasised that bail once granted, should not be cancelled in a mechanical manner. Cancellation of bail must be on very cogent and overwhelming circumstances. In the present case, I do not see any such ground being made out against the respondent no. 2.
7. I accordingly, find no merit in the present petition. The same is dismissed.
8. It is, however, clarified that in case any threat is received by the petitioner, the petitioner shall be free to report the same to the police and the same shall be duly investigated, remaining uninfluenced by any observation made herein.