Vimla vs State Of U.P. Thru. Prin. Secy. Home U.P. ...
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Allahabad High Court

Vimla vs State Of U.P. Thru. Prin. Secy. Home U.P. ... on 3 January, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:455
 
Court No. - 14
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 155 of 2023
 

 
Applicant :- Vimla
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others
 
Counsel for Applicant :- Anil Kumar Sharma,Kushboo Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State on this application for cancellation of bail granted vide order dated 27.3.2019 passed in Bail No.9294 of 2018 in case crime No.0395 of 2018 under sections 324, 304, 323, 504, 506 I.P.C., P.S. Kakori, district Lucknow, and perused the record.

Notice to respondents 2 and 3 is dispensed with, in view of the proposed order.

2.Learned counsel for the applicant submits that after being released on bail, respondents 2 and 3 are threatening the witnesses of the case and they have attacked several times on the applicant. It is submitted that a first information report has also been lodged by Anil, a witness, against the accused. The first information report is on record, as annexure No.6. He further submits that respondents 2 and 3 are wealthy and influential persons who use to threaten the witnesses. He further submits that that the court while granting bail to respondents 2 and 3 has ignored the statement of prosecution witnesses.

3.Learned A.G.A. for the State has opposed the contention and submits that the bail cancellation application has been filed after about five years of the grant of bail by this Court. It is submitted that in case this Court cancels the bail granted to the respondents 2 and 3, it would unnecessarily create endless litigation. In this context, he has relied on a judgment in Criminal Misc. Bail Cancellation Application No.723 of 2023 Sapna versus State of U.P. and another vide order dated 8.1.2023 passed by a coordinate Bench of this Court at Allahabad

4.A perusal of first information report contained in Annnexure-6 shows that the case is registered under section 506 I.P.C. and general and sweeping allegation has been made against respondents 2 and 3 of threatening.

This court has taken note of the fact that the bail was granted to the accused persons on 27.3.2019. Learned counsel while filing this application has not stated anywhere about status of the trial. More than five years have gone by since the bail was granted to the accused persons. It appears that by making sweeping allegation, the bail granted to the accused persons is sought to be cancelled and if this is permitted, this Court will open pandora box and endless litigation will start between the parties.

5.In view of the discussion made hereinabove as also the judgment, referred to above, I am of the opinion that it is not a fit case where the application for cancellation of bail can be entertained.

6.The application lacking merit is dismissed.

Order Date :- 3.1.2024

kkb/