In a detailed and reportable order dated 14th May 2026, the Rajasthan High Court at Jodhpur, presided over by Hon’ble Mr. Justice Ashok Kumar Jain, dismissed the bail cancellation application filed by the State of Rajasthan under Section 439(2) of the Cr.P.C. The application challenged the order dated 20.07.2022 passed by a Coordinate Bench granting bail to the accused in FIR No.143/2021 registered at Police Station Barloot, District Sirohi, for offences under Section 8/15 of the NDPS Act (and other allied sections).
The prosecution case was that on 14.11.2021, two persons travelling in a car were intercepted and found in possession of 141 kgs of poppy straw. It was alleged that the accused, who was then posted as Station House Officer (SHO) at the relevant police station, accepted illegal gratification of ₹10,00,000/- from certain persons and manipulated the investigation. She was accused of diluting the matter, letting the persons go, and making false entries in the station records. The accused was arrested on 26.06.2022 and remained in custody thereafter.
The Coordinate Bench had granted bail primarily considering that the offence alleged fell within the purview of Section 221 of the IPC, which is punishable with imprisonment up to three years, along with other factors such as the accused being a woman, a public servant with no apprehension of absconding, no recovery of money from her possession, and the likelihood of prolonged trial.
The State, in its cancellation application, contended that the Coordinate Bench failed to appreciate the gravity and seriousness of the NDPS offences, including Sections 8/15, 29, 27A, and 59 of the NDPS Act, and sought recall of the bail order.
Opposing the application, counsel for the accused submitted that she was a woman entitled to bail and that nearly four years had elapsed since the grant of bail, with no justifiable ground for cancellation.
Justice Ashok Kumar Jain extensively referred to the principles laid down by the Hon’ble Supreme Court in *Abhimanyu Etc. Vs. State of Kerala (2025 INSC 1136), distinguishing between cancellation of bail (which usually requires violation of conditions, misuse of liberty, tampering with evidence, or influencing witnesses) and revocation of a bail order (which can be done if the order is found perverse or illegal). The Court also referred to **Dataram Singh Vs. State of Uttar Pradesh (2018) 3 SCC 22, *Gurucharan Singh & Ors. Vs. State (Delhi Administration), and other precedents, emphasizing that cancellation of bail is a harsh step that requires strong and cogent reasons and cannot be done mechanically or merely because the offence is serious.
The High Court observed that the grounds raised by the State essentially alleged an error in the earlier order granting bail by not fully appreciating the gravity of the charges. However, the Court held that it was not sitting as an Appellate Court to re-examine the correctness of the order passed by a Coordinate Bench. The order granting bail had considered the relevant facts and circumstances, and no supervening circumstances such as misuse of liberty, tampering with evidence, or threatening witnesses were alleged after the grant of bail.
The Court further took note of the fact that the accused is a woman and referred to Supreme Court observations in Kavitha Vs. Directorate of Enforcement (2024 INSC 632) and Saumya Chaurasia Vs. Directorate of Enforcement, highlighting that women are sometimes more vulnerable and may be misused in such cases.
After considering the totality of facts and circumstances, the Court held that the State’s application was misconceived and lacked merit. It observed that the State should have taken proper legal advice before filing the application for cancellation of bail granted by a Coordinate Bench. Accordingly, the bail cancellation application was dismissed.
This order reinforces the settled principle that bail once granted should not be cancelled lightly and underscores the need for strong, post-bail misconduct or compelling circumstances to justify such cancellation.
Case Title: State of Rajasthan v. Smt. Seema Jakhar
Case No.: S.B. Criminal Bail Cancellation Application No. 75/2024
Court: Rajasthan High Court, Jodhpur Bench
Date of Order: 14th May 2026
Coram: Hon’ble Mr. Justice Ashok Kumar Jain
Click HERE for full Judgment.
Lawcutor 