A Delhi court has cancelled the regular bail granted to real estate developer Rahul Chamola, holding that he repeatedly violated the conditions of his bail and failed to comply with judicial directions despite being granted several opportunities. The court also ordered the issuance of non-bailable warrants (NBWs) to secure his presence.
Judicial Magistrate First Class (JMFC) Ankit Garg of Patiala House Courts allowed an application under Section 437(5) of the Code of Criminal Procedure seeking cancellation of the bail granted to Chamola on December 13, 2023, in an FIR registered at Police Station Naraina. Chamola is associated with Nivas Promoters Private Limited.
The State and the complainant argued that the accused had deliberately and repeatedly violated the express conditions of his bail. The defence, however, contended that Chamola had not breached any bail condition, had joined the investigation whenever required, and that no supervening circumstances existed to warrant cancellation of bail.
After examining the record, the court observed that the accused’s conduct had raised concerns even before the grant of bail. It noted that earlier non-bailable warrants remained unexecuted as he could not be found at the address furnished to the court. The court also recorded that he had changed his residential address without informing the court, resulting in the initiation of proceedings under Section 82 CrPC.
Despite this, the court had granted regular bail on December 13, 2023, subject to stringent conditions, including mandatory physical appearance on every date of hearing and an obligation to notify the court of any change in residence.
The court noted that these conditions were imposed after considering the accused’s previous conduct and were not routine in nature.
The order records that thereafter the accused repeatedly sought exemption from personal appearance despite the specific condition requiring his physical presence.
On February 8, 2024, the court granted exemption upon payment of Rs 5,000 as costs to the complainant while warning that any further default could result in forfeiture of his personal bond. On October 4, 2024, the court found that the costs had not been paid and observed that the accused appeared to be delaying the proceedings.
Another opportunity was granted subject to payment of Rs 5,000 as costs to the Delhi State Legal Services Authority.
