The Delhi High Court has ruled that online celebration of bail on social media isn’t a valid reason for its cancellation. Only real threats or intimidation can justify such action.
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NEW DELHI: In a recent ruling, the Delhi High Court clarified that merely celebrating one’s release on bail, even by uploading videos or status messages on social media, cannot by itself be a valid ground for cancellation of bail. The Court emphasized that bail once granted cannot be withdrawn lightly unless there are cogent and overwhelming circumstances such as intimidation, threat, or interference with the process of justice.
The judgment was delivered by Justice Ravinder Dudeja, who dismissed a petition seeking cancellation of bail granted to one Manish, accused in a case registered under Sections 436, 457, 380, and 34 of the Indian Penal Code (IPC).
Background of the Case
The complainant had approached the High Court under Section 483(3) of the Bharatiya Nyaya Sanhita (BNSS), challenging the order of the Sessions Court, which had granted bail to the accused.
It was alleged that after being released, Manish and his co-accused created an atmosphere of fear in the locality, flaunting weapons, issuing threats, and celebrating their release on social media platforms. The complainant claimed that these acts amounted to intimidation and disrespect for the rule of law.
However, the defense argued that no formal complaint or application for cancellation of bail had been filed before the Sessions Court and that the allegations were unsubstantiated.
Court’s Observations
Justice Dudeja drew a clear distinction between rejection of bail and cancellation of bail, observing:
“Rejection of bail in a non-bailable case at an initial stage and cancellation of bail already granted have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted.”
The Court reiterated that bail can be cancelled only if there is evidence showing:
- Interference with the administration of justice,
- Attempt to evade legal proceedings, or
- Abuse of the bail privilege in any manner.
Upon examining the material placed on record, including screenshots of alleged social media posts, the Court noted that it was not evident whether the accused had uploaded the content to intimidate the complainant. Furthermore, no formal complaint had been lodged with the police regarding any threats or acts of intimidation.
Findings:
- Celebration of bail release on social media does not, by itself, justify cancellation of bail.
- Threats or intimidation must be substantiated with credible evidence or a police complaint.
- A co-accused being seen near the complainant’s residence, without proof of intimidation, is not sufficient ground for cancellation.
- The Court found no material evidence to support the allegation that the accused had threatened or harassed the complainant.
Concluding that there was no justified reason to cancel the bail, the Delhi High Court dismissed the petition. The Court underscored that the liberty granted to an accused through bail cannot be withdrawn on speculative or unsubstantiated claims.
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Case Title: Zafeer Alam vs. STATE NCT OF DELHI AND ANR