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2022 (5) TMI 1580 - HC - Indian LawsGrant of Anticipatory Bail challenged - criminal conspiracy to cheat the petitioner/complainant of valuable property - flight risk or not - HELD THAT:- As has been held by the Supreme Court in Hazari Lal Das [2009 (9) TMI 929 - SUPREME COURT], following the judgment of the Supreme Court in Dolat Ram Vs. State of Haryana [1994 (11) TMI 424 - SUPREME COURT], once bail is granted, very cogent and overwhelming circumstances are necessary for an order directing its cancellation. The one seeking cancellation of the bail must show an interference by the accused or attempt to so interfere, with the due course of administration of justice or an evasion or attempt to evade the due course of justice or an abuse of the concession granted to the accused in any manner. It is clear, in the present case, the petitioner/complainant has not been able to establish any of these factors, even on a prima facie view of the matter. There is no material placed on the record to show that the respondents/accused persons are a flight risk. No supervening circumstances have been brought to the notice that would establish that it would be no longer conducive to a fair trial to allow the accused to retain their freedom. Though the arguments were advanced on behalf of the respondents to the effect that no offence was made out, but it is not considered apposite to discuss that aspect in the present petition, as those considerations would be more relevant, while determining the question as to what charge is to be framed against the respondents/accused. For the present, the question is whether, grounds exist for cancelling the bail already granted to the respondents/accused. Petition dismissed.
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