Shaloo vs State Of U.P.And Another
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Allahabad High Court

Shaloo vs State Of U.P.And Another on 2 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79327
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 385 of 2021
 

 
Applicant :- Shaloo
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Deepak Kumar Tripathi
 
Counsel for Opposite Party :- Abhishek Kumar Yadav,G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present.

2. This is an application for cancellation of bail granted to accused vide order dated 30.09.2021 passed by learned Trial Court in Case Crime No. 437 of 2021 under Sections 376, 506 I.P.C. and Section 67 of Information Technology (Amendment) Act, 2000, Police Station- Dhanghata, District- Sant Kabir Nagar.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after on anticipatory bail, accused has threatened applicant for compromise and that accused has filed a discharge application, however, present status of trial as well as outcome of discharge application 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 :- 2.5.2024

P. Pandey