Rafique vs State Of U.P. And Another
2024 Latest Caselaw 15102 ALL

Allahabad High Court

Rafique 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:78265
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 280 of 2023
 

 
Applicant :- Rafique
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amir Khan
 
Counsel for Opposite Party :- G.A.,Mohammad Zakir
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present. According to service report, notice is served upon accused, however, no one has entered appearance.

2. This is an application for cancellation of bail granted to accused vide order dated 03.05.2023 passed by Special Judge (POCSO Act)/ Additional Sessions Judge in Case Crime No. 89 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Ahmadgarh, District Bulandshahr.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused has threatened applicant and victim for compromise, however, present status of trial as well as out come of complaint is not on record.

4. In aforesaid circumstances, since there is no sufficient material in support of allegation as well as present status of trial is also not on record, 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 not find it a fit case to cancel bail of accused at this stage.

5. However, in the interest of justice, this application is disposed of with observation that applicant will have liberty to approach this Court, if there is violation of any condition of bail alongwith substantial material and status of trial.

6. Trial Court is also at liberty to cancel bail, in case accused violates any condition of bail.

Order Date :- 1.5.2024

P. Pandey