Bail cancellation can rest on grave allegations and strong prima facie material, even without proof of misuse of liberty.

Cancellation of bail may be upheld in an appellate challenge where the offence is grave and the record discloses strong prima facie material, even if there is no clear proof that the accused misused bail. The Court distinguished grant of bail from cancellation, noting that misuse of liberty is relevant but not the only consideration. On the facts, allegations of a fake encounter, supported by station diary entries, witness statements and surrounding circumstances, were treated as sufficient to justify cancellation. The possibility of witness intimidation and misuse of official position also weighed against continued bail, and the appeals failed.

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Issues: Whether the High Court was justified in cancelling bail granted to the appellants in view of the gravity of the alleged fake encounter, the prima facie material collected during investigation, and the settled principles governing cancellation of bail.

Analysis: The settled distinction between grant of bail and cancellation of bail is not absolute. While misuse of liberty is a relevant ground, it is not the sole consideration. In an appellate challenge to an order granting bail, the court may examine the gravity and nature of the offence, the prima facie material against the accused, and the position of the accused. On the record, the allegations disclosed a grave case in which police personnel were alleged to have acted as contract killers in a fake encounter. The investigation materials, including station diary entries, witness statements, and surrounding circumstances, were treated as sufficient to establish a strong prima facie case. The possibility of intimidation of witnesses and misuse of official position was also a relevant factor.

Conclusion: The cancellation of bail was upheld and the appeals failed.

Ratio Decidendi: In an appeal against bail, cancellation may be sustained on the basis of the gravity of the offence and strong prima facie material, even without proof that the accused misused the liberty of bail.

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