Rakesh Kumar v. Ut Chandigarh And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24315-2025 (O&M) Date of Decision : 14-05-2025 Rakesh Kumar ........Petitioner(s)

Versus

UT Chandigarh and another ........Respondent(s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Shivam Sharma, Advocate Mr. Karan Sirohi, Advocate Ms. Shruti Garg, Advocate for the petitioner-complainant.

Mr. Alankrit Bhardwaj, APP, U.T. Chandigarh.

*** ANOOP CHITKARA, J. (Oral) FIR No.

Dated Police Station Sections 18.09.2024 Sector 39, Chandigarh 420, 467, 468, 471 and 120-B IPC 1.

Seeking cancellation of bail granted vide order dated 10.3.2025 by this Court to the respondent-accused in the FIR captioned above, the petitioner-complainant has come up before this Court under Section 480(5) read with Section 483 BNSS, 2023. 2.

Counsel for the petitioner-complainant seeks cancellation of the bail on the ground that he had concealed his criminal history from the Court. His next contention is that the matter was compromised between the parties, but the respondent-accused has not adhered to the terms of the compromise.

3.

On a query from the Court as to whether any condition of bail mentioned in the final order has been violated, counsel for the petitioner submits that it is not a case of violation of any condition of bail but is a case in which the respondent-accused has been granted bail without considering the fact of concealment of criminal history by the respondent-accused.

4.

After hearing the arguments raised on behalf of the petitioner-accused, this Court is of the view that this petition is not worth issuing notice. Even the fact of not mentioning the criminal history would not have led to any different outcome, as this Court has granted bail to the accused on its facts. Moreover, the complainant was represented at the time of hearing, as there was settlement between the accused and the petitioner-complainant at that time, and he failed to point out about criminal history, ASHWANI KUMAR 2025.05.16 11:27 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M-24315-2025 -2may be because of settlement. As such, the petitioner has not come to this Court with clean hands.

5.

Thus, in the facts and circumstances peculiar to this case, and for the above reasons, no grounds exist to cancel the bail. 6.

Accordingly, the present petition is dismissed. All pending applications, if any, stand disposed of.

14-05-2025 AK (ANOOP CHITKARA) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO ASHWANI KUMAR 2025.05.16 11:27 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh