Cancellation of bail for ignoring prima facie material where CCTV evidence was assessed incompletely and involvement was still indicated.

Bail once granted may be cancelled where the granting court ignores relevant prima facie material or rests on irrelevant or incomplete considerations. The Delhi HC noted that bail is not to involve a minute trial-like examination, but cancellation is justified where the order is perverse and causes miscarriage of justice. On the record, eyewitness statements, recoveries, the circumstances of occurrence, and CCTV photographs collectively indicated the respondent's presence and participation; the trial court's reliance on incomplete CCTV footage to infer no involvement was therefore found presumptive. The regular bail order was held unsustainable and was cancelled.

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Issues: Whether the regular bail granted to the respondent was liable to be cancelled on the ground that the trial court ignored material indicating prima facie involvement and relied on an incomplete appreciation of the CCTV material.

Analysis: The bail court is not to conduct a minute trial-like examination at the stage of granting bail, but cancellation is justified where the order is founded on irrelevant considerations or ignores material showing prima facie complicity. The record contained eyewitness statements, the circumstances of the occurrence, recoveries, and CCTV photographs that, taken together, indicated the respondent's presence and participation. The trial court's reliance on CCTV footage to conclude absence of involvement was found to be presumptive, particularly when the footage did not capture the entire occurrence and the photographs placed the respondent and his vehicle at the spot. In a heinous offence, the seriousness of the accusation and the prima facie material could not be diluted merely on the basis of perceived discrepancies.

Conclusion: The bail order was unsustainable and was cancelled.

Ratio Decidendi: Bail once granted may be cancelled where the granting court ignores relevant prima facie material or relies on irrelevant considerations, rendering the order perverse and resulting in miscarriage of justice.

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