[2026:RJ-JP:10145] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Bail Cancellation Application No. 100/2023 Alok Mehta S/o Hemraj Mehta, R/o C-12, Xaiver Arcade Colony, Near Andaz Bagh, Jagatpura, Ramnagariya Jaipur City-II, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Girraj Agarwal S/o Bhajbihari Agarwal, Aged About 53 Years, R/o A-46, Shashtri Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Adeet Srivastava for Mr. Rajesh Goswami For Respondent(s) For Accused(s) : : Mr. N.S. Dhakar, PP Mr. Pankaj Gupta with Mr. Harshit Bhatt Mr. Naman Yadav HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/03/2026 1. Vide order dated 06.07.2023, facility of pre-arrest bail was granted by this Court to accused-respondent No.2. While taking into consideration the said order, facility of pre-arrest bail was also granted by co-ordinate Bench to another co-accused namely Ramesh Dangayach vide order dated 02.08.2023, which was assailed by the complainant before the Hon’ble Supreme Court by way of filing Special Leave to Appeal (Crl.) No(s).16348/2023 and same was dismissed vide order dated 25.03.2025. 2. There is a statutory bar under Section 403 of the BNSS (corresponding to Section 362 of Cr.P.C.), which prohibits the review or recall of an order passed on merits. 3. I fortify my view from the judgment of the Hon’ble Supreme Court passed in Abdul Basit @ Raju & Ors. Vs. Mohd. Abdul [2026:RJ-JP:10145] (2 of 2) [CRLBC-100/2023] Kadir Chaudhary & Anr. reported in (2014) 10 Supreme Court Cases 754 wherein the Hon’ble Supreme Court held that “although the court granting bail can cancel the bail on ground of accused’s misconduct or new adverse facts having surfaced after the grant of bail, however, in view of express bar contained in Section 362 Cr.P.C., it cannot review its order as to grant of bail on ground of it being unjustified, illegal or perverse. Such challenge to bail order on ground of it being illegal or contrary to law can be determined only by the court superior to the court which granted bail.” 4. In view of above, I do not find any ground to cancel the bail granted to the accused by this Court. 5. Accordingly, Criminal Misc. Bail Cancellation Application is dismissed. (ANIL KUMAR UPMAN),J GAUTAM JAIN /1