Celebrating release on social media no ground to cancel bail: Delhi High Court

The Delhi High Court has held that celebration of release on bail by uploading the videos and status messages on social media platform cannot be the ground for cancellation of bail without there being any specific threat or intimidation extended to the complainant.

A bench of Justice Ravinder Dudeja made these observations while dismissing a petition filed under Section 483 (3) BNSS, by the complainant for cancellation of bail granted to an accused, namely Manish by learned Sessions Court in an FIR under Section 436/457/380 & 34 IPC.

"Rejection of bail in a non-bailable case at an initial stage and cancellation of bail already granted have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted. Generally speaking, the grounds for cancellation of bail broadly are interference or attempt to interfere with due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of concession granted to the accused in any manner", Justice Dudeja added.

Court was told that post his release, the accused and his co-accused created an atmosphere of fear in the colony, issuing threats to the petitioner/complainant by posting pictures with weapons.

It was further stated that the accused continuously intimidated the complainant and her family with knives and other deadly weapons, thereby endangering their safety. the accused was also stated to have a strong motive and personal animosity against the complainant as a close associate/henchman of his was killed in an incident wherein the complainant’s son and his friends were attacked by the associates of the accused.

The accused and his henchmen were stated to have celebrated their release on bail by uploading their videos and status messages on social media, flaunting lethal weapons and issuing veiled threats to the complainant in brazen disregard for the rule of law.

In defense, the High Court was told that the complainant neither filed any application before the Sessions Court for cancellation of bail nor made any complaint of threat or criminal intimidation after the grant of bail, and therefore, the allegations were unsubstantiated.

The high Court noted that some screen shots posted on the social media were placed on record, but it was not visible from the said screen-shots as to whether they have been posted by the accused with a view to intimidate the complainant.

"The bail of respondent No. 2 cannot be cancelled merely because one of the co-accused was witnessed in front of the residence of petitioner on 12.06.2025. Admittedly, no complaint has been made to the police regarding any threats having been extended by respondent No. 2. In the absence of any complaint being made to the police, the allegations of threat are not substantiated. Therefore, that being so, there is no material on record to substantiate the allegations of threats extended by respondent No. 2. The Court thus finds no justified reason for cancellation of bail of respondent No. 2", the High Court further noted.

It accordingly found no merit in the petition to cancel the bail and dismissed the same.

Case Title: Zafeer Alam vs. STATE NCT OF DELHI AND ANR

Order Date: August 19, 2025

Bench: Justice Ravinder Dudeja