Dharmendra Kumar vs State Of U.P. And Another
2024 Latest Caselaw 15029 ALL

Allahabad High Court

Dharmendra Kumar vs State Of U.P. And Another on 1 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78066
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 385 of 2022
 

 
Applicant :- Dharmendra Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hardev Singh,Ramesh Chandra Agrahari
 
Counsel for Opposite Party :- Arvind Prabodh Dubey,G.A.,Janardan Prasad Tripathi,Om Prakash
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. This bail cancellation application was filed on 26.8.2022 to cancel the bail granted to accused by co-ordinate Bench of this Court vide order dated 25.7.2022.

2. Accused is facing trial for an offence under Sections 354-B, 376 and 506 I.P.C.

3. Learned counsel for applicant is not present.

4. Heard Sri Arvind Prabodh Dubey, learned counsel for the accused and learned A.G.A.

5. This is an application for cancellation of bail granted to accused vide order dated 25.7.2022 passed by this Court in Criminal Misc. Bail Application No.22366 of 2022 (Rohit Kumar Vs. State of U.P.) arising out of Case Crime No.718 of 2021, under Sections 354-B, 376 and 506 I.P.C., Police Station-Mauima, District-Prayagraj.

6. Learned counsel appearing on behalf of accused submits that presently accused and victim are staying together and victim is carrying his baby.

7. Learned counsel appearing on behalf of accused on instructions undertakes that as and when victim is summoned to depose before learned Trial Court, she will come forward and depose.

8. In the aforesaid circumstances, court takes note of subsequent events as well as that grounds mentioned in this application that accused has threatened victim appears to be without any substance since there is no supporting material to it.

9. Court also takes note of above submission made by learned counsel for accused in regard to their marriage and documents of marriage annexed along with the counter affidavit, therefore, in view of judgment passed by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC OnLine SC 187, I do not find it a fit case to cancel bail of accused at this stage.

10. However, considering the undertaking given by learned counsel for the accused that victim who is residing along with accused will depose before learned Trial Court as soon as summons are issued to her, therefore, this bail cancellation application is disposed of with direction to learned Trial Court to record her statement within a period of six months from today.

11.Registrar (Compliance) to take steps.

Order Date :- 1.5.2024

SB