Allahabad High Court
Avnish Kumar Gupta 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:78217
Court No. - 65
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 629 of 2022
Applicant :- Avnish Kumar Gupta
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Pankaj Satsangi
Counsel for Opposite Party :- G.A.,Mahendra Singh
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Pankaj Satsangi, learned counsel for applicant; learned counsel for accused is not present, however, learned AGA is present.
2. This is an application for cancellation of bail granted to accused vide order dated 20.01.2021 passed by coordinate Bench of this Court in Case Crime No. 226/2019 under Sections 364-A, 302, 201, 120-B IPC, Police Station- Bisauli, District- Budaun.
3. This bail cancellation application was filed in 2022; this Court has passed following order on 31.10.2023 -:
"1. List revised.
2. Sri Pankaj Satsangi, learned counsel for the applicant and Sri Shashi Kant Pandey, learned counsel for the State/Opposite party No.1 are present. Sri Mahendra Singh, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised list.
3. This is a bail cancellation application.
4. On 26.9.2023, following order was passed by this Court:-
"1. List revised.
2. Sri Pankaj Satsangi, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the opposite party no.2 and Sri Sanjay Kumar Singh, learned counsel for the State are present.
3. This is bail cancellation application.
4. Learned counsel for the opposite party no.2 submits that the order granting bail to the opposite party no.2/Arjun was challenged before the Apex Court in SLP (Criminal) No. 4837 of 2021 (Avnish Kumar Gupta Vs. State of U.P. and another) which was dismissed vide order dated 09.09.2022 by the Apex Court. He prays for two weeks time to file counter affidavit.
5. Two weeks and no more is granted to learned counsel for the opposite party no.2 to file counter affidavit. Learned counsel for the applicant will have one week, thereafter to file rejoinder affidavit, if any."
5. Learned counsel for the applicant submits that he has not been served with any counter affidavit by learned counsel for the opposite party no.2 till date.
6. In view of the same, issue non bailable warrants against the opposite party no.2 Arjun. The Chief Judicial Magistrate concerned shall ensure arrest of the opposite party no.2 and lodge him in jail and send compliance report to this Court within three weeks.
7. Let the matter be listed on 01.12.2023.
8. Office to communicate this order to the C.J.M. concerned within one week from today for compliance."
4. Office report dated 30.11.2023 indicates that accused was not available at home, therefore, this Court has passed following orders on 01.12.2023 and 14.03.2024-:
"01.12.2023
As per office report dated 30.11.2023, opposite party no.2 was not present at his residence, but no one appears on behalf of opposite party no.2 to oppose this bail cancellation application.
Issue bailable warrants to the sureties of opposite party no.2 through C.J.M., Budaun, for securing his presence before this Court on 5.1.2024.
List this case on 5.1.2024 alongwith office report before appropriate Bench.
14.03.2024
1. Learned counsel for the applicant and learned A.G.A. are present.
2. As per report dated 05.01.2024, sent by the C.J.M., Budaun, more time has been sought for compliance of order dated 01.12.2023.
3. List on 09.04.2024. "
5. Officer report dated 08.04.2024 indicates that bailable warrant was executed on surety no.1 who has been released on bail and surety no.2 has died 2 years ago.
6. Learned counsel for applicant submits that by not adhering to order passed by this Court, accused has violated conditions of bail; he, on instructions, submits that trial is still not concluded and probably it is at fag end.
7. Accused is represented by Sri Mahendra Singh, Advocate, however, today neither he is present nor accused is present in person.
8. In aforesaid circumstances, considering that accused is avoiding non-bailable warrant, therefore, in the light of judgment passed by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC OnLine SC 187, I do find that it is a fit case to cancel bail of accused at this stage.
9. Accordingly, bail cancellation application is allowed and bail granted to accused is hereby cancelled.
10. Accused Arjun is directed to surrender before concerned trial Court within 72 hours from today in pursuance of Case Crime No. Case Crime No. 226/2019 under Sections 364-A, 302, 201, 120-B IPC, Police Station- Bisauli, District- Budaun and in case of default, trial Court will initiate proceedings under relevant provisions of Cr.P.C.
11. Registrar (Compliance) to take steps.
Order Date :- 1.5.2024
N. Sinha
