Mohd Umar Khan Bail Cancellation vs State Of U.P. And Anr.
2022 Latest Caselaw 6632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 1908 of 2019
 

 
Applicant :- Mohd Umar Khan Bail Cancellation
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Mohammad Irfan Siddiqui,Anjum Ara
 
Counsel for Opposite Party :- G.A.,Alok Kumar Srivastava,Devesh Deo Bhatt,Mohd. Shahanshah Newaz Kh
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

None present for the applicant when the case is taken up for hearing. However, learned AGA for the State as well Shri Alok Kumar Srivatava, learned counsel for opposite party no.2 is present.

This application is pending for disposal since 2019. Perusal of the record would reveal that this bail cancellation application was moved by the informant/ complainant with the prayer to cancel facility of bail granted to opposite party no.2 by a Coordinate Bench of this Court vide order dated 6.12.2018 passed in Bail Application No. 4640 of 2018 on the ground that after being released on bail the opposite party no.2 was pressurizing the informant/ complainant to do compromise in this case.

Learned counsel for opposite party no.2 during the course of deliberation has presented a judgment and order of the trial court i.e. Additional Sessions Judge Court No.16, Hardoi of date 17.8.2021 and perusal of this judgement would reveal that trial court has held that the opposite party no.2 Shafakat @ Balakat had died and proceeding of the case has abetted with regard to him.

Since the trial of the case has been concluded and judgement has been passed by the trial court and the opposite party no.2 had also died during the course of trial, in the considered opinion of this Court the instant application for cancellation of bail for opposite party no.2 has become infrucutuous and is dismissed as such.

Order Date :- 12.7.2022

Muk