Prayagraj: The Allahabad High Court has cancelled the bail of an accused in a case registered at Sardhana police station in Meerut after he reneged on his promise to marry the complainant, ordering his immediate arrest. Taking strong exception to procedural lapses and non-compliance with judicial directions, the bench directed the Senior Superintendent of Police of Meerut to remain standing in the courtroom until 4 pm. The court also flagged the conduct of the Chief Judicial Magistrate of Meerut as gross negligence and indiscipline, ordering an administrative inquiry into the judicial officer’s handling of the matter.
Accused Sent to Custody After Refusing Marriage
Justice Arun Kumar Singh Deshwal passed the order while allowing a bail cancellation application filed by the victim. The accused had secured bail from the High Court on March 18 on the condition and personal undertaking that he would marry the complainant. However, after walking out of prison, he breached his commitment. The victim subsequently approached the High Court seeking revocation of his relief. On Saturday, during the hearing, both the complainant and the accused appeared before the bench. When questioned by the court, the accused explicitly refused to marry the woman. Holding that the accused had committed a direct breach of his undertaking, the bench cancelled his bail immediately and directed the Meerut SSP to take him into custody and produce him before the magistrate for remand.
Meerut SSP Cautioned Over Warrant Flaw
The controversy regarding police non-compliance surfaced after the accused failed to appear during previous proceedings. On September 28, the High Court issued a non-bailable warrant against the man and directed the Meerut SSP to execute it and produce him directly before the High Court. Instead of complying with this directive, the district police produced the arrested accused before the CJM court in Meerut, from where he was sent to jail. Taking note of this lapse, the High Court summoned the SSP to appear in person and submit an explanation. Appearing before the bench on Saturday, the SSP submitted that he was on sanctioned leave between September 28 and October 2, attributing the procedural mistake to subordinate personnel. While acknowledging the lapse on the part of junior staff, the court stated that the SSP was the executing authority of the warrant and bore primary responsibility for producing the accused. Refraining from passing any adverse order, the bench directed the SSP to remain standing in the court until 4 pm and cautioned him to remain vigilant in future.
Administrative Inquiry Ordered Against CJM
The High Court took serious objection to the actions of the Chief Judicial Magistrate in Meerut. The bench noted that despite having knowledge of the High Court order directing the accused to be produced directly before the bench under the non-bailable warrant, the CJM remanded him straight to judicial custody rather than dispatching him to Prayagraj. Terming this judicial conduct as severe negligence and gross indiscipline, the High Court ordered that a copy of its ruling be placed before the Administrative Judge of Meerut so that appropriate administrative proceedings could be initiated against the judicial officer.
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