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Judgment
The applicant is accused in e-FIR No.80011965/2025, registered at P.S. Sunlight Colony for commission of offences under Sections 303(2) of BNS, 2023 (corresponding Section 379 IPC). Later, Sections 123/317(2)/3(5) BNS 2023 (corresponding Sections 328/411/34 IPC was also added).
Applicant had prayed for bail by moving appropriate application before the learned Trial Court and his such application was allowed vide order dated 13.02.2026 and he was admitted to bail upon furnishing personal bond and surety bond in a sum of Rs.25,000/- each.
Applicant’s father was also, however, an accused in the same very case and, when his father’s case was taken up by the learned Trial Court on 16.04.2026, his father i.e. Sher Khan, was declared a proclaimed person.
While declaring him so, the learned Sessions Court/ Trial Court also noted that the applicant was not coming forward and was not disclosing his current address for verification and, resultantly, his bail was cancelled. The order-sheet dated 16.04.2026 would indicate that accused-Imran Khan had been produced from judicial custody. Since he was not able to furnish the bail bonds to the satisfaction of the concerned Court, he continued to be in judicial custody.
Such order of cancellation of bail is under challenge.
However, merely, because applicant’s father has, eventually, been declared proclaimed person and the applicant failed to reveal his correct and current address, it would not mean that the bail, which had been granted to him on 13.02.2026 on merits, would become liable to be cancelled, automatically.
Cancellation of bail has serious consequences and bail cannot be cancelled in the manner it has been done herein.
Indubitably, Court can reject the bonds for various reasons, including non-verification of address but that would not entail recalling of bail order, that too, without affording any opportunity to any such accused.
The present petition is, accordingly, allowed with the direction that the bail order dated 13.02.2026 stands revived. However, the petitioner would still be required to submit bonds in terms of the abovesaid order dated 13.02.2026 to the satisfaction of the learned Court concerned.
The present petition is disposed of in aforesaid terms.
A copy of this order be sent to the learned Trial Court for information and compliance.