Noida scrap dealer's bail revoked by sessions court for flouting conditions
Noida scrap dealer's bail revoked for flouting conditions

A scrap businessman from Noida, Ravi Kana, who was illegally released from jail on January 29, must now surrender after a sessions court cancelled the anticipatory bail it had granted him on February 11. The court, on May 25, ruled that Kana had violated bail conditions, avoided the police despite repeated opportunities, and obstructed the investigation in an extortion case against him.

Court's Observations

Sessions Judge Atul Srivastava stated that Kana's request to record his statement via FaceTime demonstrated that he was “playing hide-and-seek with the investigating officer by going underground.” Rejecting the application filed on May 4, the judge noted, “If his safety is threatened, he can be provided adequate security. The accused failed to comply with the conditions of anticipatory bail granted to him by this court on February 11, thereby hampering the investigation. The anticipatory bail granted to the accused is liable to be revoked.”

Case Background

An FIR was registered against Kana at the Sector 63 police station on January 14 based on a complaint by Shailendra Sharma. Kana was booked under the Bharatiya Nyaya Sanhita (BNS) sections 351 (criminal intimidation), 308 (extortion), and 3(5) (acts done by several persons in furtherance of common intention). He is also accused under the Uttar Pradesh Gangster Act and is named in 29 cases. A bailable warrant for Kana's production on January 29 had been issued while he was already in custody in another matter. However, he was released from jail without any court order. After his release, he secured anticipatory bail on February 11. The court had ordered that if arrested, he should be released on a personal bond of Rs 35,000 and one surety, with conditions that he must not influence witnesses, appear before police within seven days, cooperate with the investigation, and not leave the country without permission.

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Police Move for Cancellation

The police filed a petition on February 14 seeking cancellation of the bail, arguing that Kana was deliberately disobeying the court order and that there was “a strong possibility” he could commit further offences, threaten the complainant and witnesses, or flee the court's jurisdiction.

Subsequent Legal Actions

Kana then approached the Allahabad High Court, citing a threat to his life. On April 27, the high court granted him security. Consequently, the trial court relaxed its earlier condition and allowed him to appear before police on a date specified by him. Despite this, Kana did not appear. Instead, he sought to join the investigation via FaceTime.

Citing a Supreme Court ruling, the sessions court stated that bail is liberty subject to conditions, not “unlimited freedom,” and revoked the relief granted to Kana.

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