Km. Bhagwati vs State Of U.P. And Another
2024 Latest Caselaw 15078 ALL

Allahabad High Court

Km. Bhagwati 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:78288
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 59 of 2023
 

 
Applicant :- Km. Bhagwati
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Keshari Nath Tripathi
 
Counsel for Opposite Party :- Devendra Pratap Singh,G.A.,Preet Pal Singh Rathore
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. This bail cancellation application was filed on 15.01.2023.

2. Accused was granted bail by trial Court vide order dated 13.07.2022 in Case Crime No. 124 of 2022 under Sections 376, 420, 504 IPC and 3/4 of DP Act, Police Station- Gunnaur, District- Sambhal mainly on ground that victim in her statement recorded under Section 164 Cr.P.C. declared that she is a major girl and expressed her desire to marry with accused as well as that there was no evidence that accused has made physical relationship with victim from the date their marriage was fixed till he refused to marry her.

3. Sri Pramod Kumar Singh, learned counsel for applicant/informant refers contents of paragraph 13 and 14 of application which are quoted below -:

?13. That after releasing from bail the opposite party no.2 and his family members and with other persons making illegal pressure upon/applicant and her family members for compromise in the case and also give threat to falsely implicate in false case and also give threat for killing her.

14. That the opposite party no.2 has threatened to applicant for going District Court regarding pairvi of the case and said if the applicant will come before District Court she will face dire consequences.?

4. He submits that accused after his release has threatened family members of victim, however, there is no material or document to support this contention.

5. Learned counsel for accused is not present.

6. In aforesaid circumstances, considering that above referred averment are not sufficient to cancel bail and for that this Court takes note of judgment passed by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC OnLine SC 187 as well as present status of trial is not on record, therefore, I do not find that it is a fit case to cancel bail of accused at this stage.

7. However, this application is disposed of with a direction that in case statement of victim has not been recorded till date, trial Court will take all endeavour to record the same within a period of 3 months from today and will conclude the trial expeditiously.

8. It is also made clear that in case accused violates any condition of bail and it is brought into notice of trial Court, the trial Court will be at liberty to cancel bail of accused.

9. Registrar (Compliance) to take steps.

Order Date :- 1.5.2024

N. Sinha