Can a court cancel bail on mere allegation?

However, mere allegation of the threat to witness should not be utilized as a ground for cancellation of bail. The court should carefully weigh the acceptability of the allegations and pass orders as circumstances demand and law warrants. The court cannot cancel bail on any alien ground not mentioned in the law.

Can a court cancel bail on any alien ground?

The court cannot cancel bail on any alien ground not mentioned in the law. The basic grounds for cancellation are interference with the course of justice, evasion of due process of justice or abuse of the conditions granted to accused in any manner.

What is the standard for cancellation of bail?

Therefore the standard required to prove a case relating to bail is ‘preponderance of probabilities’ and not ‘beyond reasonable doubt’ unlike as in other criminal matters. In cancellation of bail, the court has ample power to exercise enough discretion.

Can a bail order be cancelled arbitrarily?

However, a bail granted arbitrarily, illegally or improperly can be cancelled with ease. In such a case, the cancellation is not the right choice; rather invoking the process of appeal is the most appropriate course. Unless there is no valid evidence to prove that the accused had abused the bail, it is not proper for the court to cancel it.

Can a bail bill be cancelled on any grounds?

9 Important grounds under which a bill may be cancelled are mentioned below: As per Section 439 (2) of the Code of Criminal Procedure, a High Court or Court of Session may direct that any person who has been released on bail under Chapter XXXIII (i.e., relating to bail) be arrested and commit him to custody.

When is bail granted in case of non bailable offence?

Section 437 of the Code, confers power on a Court other than High Court or Court of Sessions to grant bail in case of non-bailable offence, same reads as follows: 437. When bail may be taken in case of non-bailable offence.-