1 2025:CGHC:24938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P No.1864 of 2025 Ajay Ghosh S/o Madhvan Aged About 66 Years R/o Plot No. 80, Priyadarshani Nagar, Maitre Nagar, Risali, Bhilai, District- Durg, C.G. ... Petitioner versus 1 - Shashi Ranjan S/o Madan Sharma Aged About 52 Years R/o 21 Shakuntala Niwas, Dhamda Road, Kadambari Colony, Durg, C.G. 2 - State Of Chhattisgarh Through - Station House Officer, Police Station, Bhiali Nagar, Bhiali, District- Durg, C.G. ... Respondents For Petitioner : Ms. Gunja Taram, Advocate appears on behalf of Shri TK Tiwari, counsel for the Petitioner. For State : Shri Arvind Dubey, G.A. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 17.06.2025 1. This Petition has been filed for cancellation of anticipatory bail granted by this Court vide order dated 04.02.2022 in M.Cr.C(A) No.1673/2021. 2. Learned Counsel for the Petitioner submits that FIR was registered Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.18 15:48:48 +0530 2 on the basis of the report of the private hand writing expert during the investigation and now the report of Government hand writing expert has also been received. She further submits that after passing of the order, Respondent No.1 has been continuing the same offence and has filed a document before BPCL by making forged signature of the Petitioner, therefore Respondent No.1 has violated one of the conditions of the order passed by this Court on the said date, therefore, the anticipatory bail granted in favour him deserves to be cancelled. 3. Learned State Counsel submits that an order has been passed after consideration of the dispute and the earlier police station i.e. Bhilainagar has investigated the matter and reached to the conclusion that transfer of the Firm-M/s Classic Fuels was made in a proper manner and on 15.10.2019, the Complainant and the Accused both have appeared before the interview committee and thereafter, the transfer of sole ownership of the petrol pump has been effected, which is a civil dispute and considering the same, the said order was passed. 4. Heard learned Counsel for the parties and considered the grounds raised therein. 5. It is well settled that rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so 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 the bail, already granted and the said proposition has been reiterated in the matter of Dolat Ram vs State Of Haryana reported in (1995) 1 SCC 349 wherein, at para-4, it was held as under:- 3 “Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so 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 the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of Justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High Court it appears to us overlooked the distinction of the factors relevant for rejecting bail in a nonbailable case in the first instance and the cancellation of bail already granted.” 6. In view of above, this Court is of the opinion that no case for cancellation of anticipatory bail is made out and accordingly, the instant Cr.M.P is dismissed at motion stage. Sd/- (Deepak Kumar Tiwari) Judge Priya