Court Highlights Negligence in Execution of Non-Bailable Warrant and Directs Administrative Action Against CJM, Meerut
In a significant ruling dated October 24, 2026, the Allahabad High Court, presided over by Justice Arun Kumar Singh Deshwal, cancelled the bail granted to the accused in a criminal appeal arising under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The decision came after the accused, who had secured bail by giving an undertaking to marry the complainant, failed to honor this commitment post-release.
The case originated from crime number 775 of 2025, registered at Sardhana Police Station, Meerut, involving offences under Sections 69 and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3(2)(5) of the SC/ST Act. The bail was initially granted by the High Court in Criminal Appeal No. 1839 of 2026 under Section 14A(2) of the SC/ST Act, which allows appeal against bail rejection by the Special Court.
The applicant, Mansi, approached the High Court seeking cancellation of the bail on the grounds that the accused had breached the undertaking given at the time of bail by refusing to marry her. The Court took note of the breach and issued directions to ascertain the accused's willingness to comply. When the accused failed to appear and did not respond satisfactorily through counsel, the Court issued a non-bailable warrant for his production.
However, the execution of the warrant faced procedural lapses. The accused was arrested but produced before the Chief Judicial Magistrate (CJM), Meerut, instead of the High Court as ordered. The CJM sent the accused to judicial custody without any directive to produce him before the High Court, reflecting negligence and indiscipline. The Court reprimanded the subordinates of the Senior Superintendent of Police (SSP), Meerut, for this lapse and directed the SSP to appear personally to explain the non-compliance. The Court also directed that the matter be placed before the Hon'ble Administrative Judge, Meerut, for appropriate administrative action against the CJM.
On the legal question of maintainability of the bail cancellation application, the Court relied on a precedent from the Madhya Pradesh High Court which held that an application under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is maintainable for cancellation of bail granted by the High Court in an appeal under Section 14A of the SC/ST Act. This interpretation was accepted as no contrary judgment was presented by the opposition.
Ultimately, the Court found a prima facie breach of the bail undertaking by the accused and cancelled his bail. The SSP, Meerut, was directed to take the accused into custody immediately and produce him before the concerned Magistrate for judicial custody. The applicant was given liberty to file a fresh bail application if so desired.
This judgment underscores the Court's strict stance on enforcement of bail conditions and procedural discipline in execution of High Court orders, especially in sensitive cases involving SC/ST protections. It also emphasizes the importance of compliance with judicial directives and the seriousness with which undertakings given to the Court are treated.
Bottom Line:
Bail cancellation - Bail granted by High Court in appeal under Section 14A of SC/ST Act can be cancelled on application under Section 483(3) BNSS - Breach of undertaking given at time of obtaining bail, namely refusal to marry prosecutrix, justified cancellation of bail.
Statutory provision(s):
Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Sections 69 and 115(2) of Bharatiya Nyaya Sanhita, 2023; Section 3(2)(5) of SC/ST Act, 1989; Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, 2023
