1 CGHC010333382026 2026:CGHC:38570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2257 of 2026 Ajay Kumar Patel S/o Shri Sevak Ram Patel Aged About 35 Years R/o H. No. 69, Nai Mohalla, Ward No. 12, Laduwa, Khairjhiti, Kawardha, Distt. Kabirdham Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pandatarai, District – Kabirdham, Chhattisgarh 2 - Ajay Ganesh Patel S/o Kulendra Singh Patel Aged About 28 Years R/o Village - Rohra, P.S. Pandariya, Distt. Kabirdham Chhattisgarh 3 - Shantanu Ram Patel S/o Kulendra Kumar Patel Aged About 33 Years R/o Village - Rohra, P.S. Pandariya, Distt. Kabirdham Chhattisgarh ---- Respondents For Petitioner : Mr. Vivek Kumar Shrivastava, Advocate. For Respondents/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 1. Heard Mr. Vivek Kumar Shrivastava, learned counsel for the petitioner. Also heard Mr. Shubham Bajpai, learned Panel Lawyer, appearing for respondents/State. 2. The present petition is for cancellation of the anticipatory bail granted to the respondent Nos. 2 and 3 - Ajay Ganesh Patel and Shantanu Ram Patel, as they were enlarged on anticipatory bail by this Court vide order dated 08.01.2026 in MCRCA No. 30/2026. 3. The respondent No.2 had preferred anticipatory Bail Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 anticipatory bail, in connection with Crime No. 165/2025, registered at Police Station – Pandatarai, District – Kabirdham (C.G.) for the offences punishable under Sections 118(1), 191(2), 296 and 351(3) of the BNS. 4. Learned counsel for the petitioner submits that the respondent Nos. 2 and 3 have obtained the impugned order granting bail dated 08.01.2026 by playing fraud and concealment of previous criminal antecedents. It is submitted that in their anticipatory bail application, they stated that they have no previous criminal antecedents, however, there are several criminal complaints as also crime numbers registered against them. Therefore, the anticipatory bail granted to the respondent Nos. 2 and 3, be cancelled. 5. On the other hand, learned counsel appearing for the respondents/State vehemently opposes the prayer of the instant petition filed by the petitioner. It is submitted that this Court has granted anticipatory bail to the respondent Nos. 2 and 3/accused vide order dated 08.01.2026 in MCRCA No. 30/2026, and there appears to be no any infirmity and jurisdictional error while passing the same. Therefore, the application is completely frivolous and deserves to be rejected. 6. Heard learned counsel for the respective parties. Perused the order of this Court granting anticipatory bail to the accused persons dated 08.01.2026 in MCRCA No. 30/2026. 7. From the perusal of entire records of this petition and the documents do not suggest that the petitioner is able to project any valid reason for cancellation of bail with respect to the touchstone of principle laid down 3 by the Supreme Court. The Hon’ble Supreme Court in its order dated 20.02.2025 passed in Criminal Appeal No. 861/2025 [Kailash Kumar vs. State of Himachal Pradesh and Anr.] while setting aside a High Court ruling cancelling bail of an accused, has observed here as under: “Suffice to observe, liberty of an individual being a precious right under the Constitution, the Courts ought to be wary that such liberty is not lightly interfered. We are satisfied that there was no valid reason for the High Court to cancel the bail without there being any material to show, even prima facie, that conduct of the appellant post grant of bail has been such that he should be deprived of his liberty. There are also no allegations of influence being exerted or threat extended to the witnesses or of tampering the evidence. Material to demonstrate that dilatory tactics have been adopted to procrastinate the trial is also conspicuous by its absence.” It is settled principle that very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted. 8. In the instant case, from the perusal of documents it transpires that the pleadings are not supported with a minimum proof that the respondent Nos. 2 and 3 are trying to tamper with the evidence or are creating obstructions in fair & impartial trial so as to create a very cogent and overwhelming situation for cancellation of bail. 9. Furthermore, the anticipatory bail granted can only be cancelled when (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges 4 in similar activities which would hamper smooth investigation, (v) there is likelihood of his fleeing to another country, (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety etc. It is also well settled that even if two views are possible, once the bail has been granted, it should not be cancelled. In facts of this case nowhere suggest that any of the aforesaid condition exists in the instance case, therefore, the principles laid down as above shall squarely apply in the instant case. 10. Considering the same and applying the aforesaid principles, in the considered view of this Court, no case is made out for cancellation of bail or review or recall the order, it transpires from the record that this Court had granted anticipatory bail to the respondent Nos.2 and 3, and after the anticipatory bail being granted to the respondent Nos.2 and 3 on 08.01.2026, the ground which has been taken by the petitioner for cancelling the bail appears to be an afterthought to get the anticipatory bail of the respondent Nos.2 and 3 cancelled, therefore, I do not find any good ground made out for consideration of the same. 11. In view of the above, prayer for cancellation of the order passed by this Court granting anticipatory bail to the respondent Nos.2 and 3/accused is refused, and resultantly the instant CRMP is hereby disposed of. 12. Moreover, the trial Court is at liberty to proceed with the trial and make efforts to conclude the same expeditiously, preferably within a period of 06 months from the date of passing of this order, if there is no any legal impediment. 5 13. Let a certified copy of this order be transmitted to the trial Court concerned for necessary information and compliance, forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar