Yogendra vs State Of U.P And Another
2024 Latest Caselaw 15944 ALL

Allahabad High Court

Yogendra vs State Of U.P And Another on 7 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81774
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 174 of 2022
 

 
Applicant :- Yogendra
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Rajendra Kumar Misra
 
Counsel for Opposite Party :- Akhilesh Kumar Pandey,G.A.,Nasir Hussain,Shri Krishan Yadav
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Heard Sri Shri Prakash, learned counsel for applicant and Sri Shri Krishna Yadav, learned counsel for accused.

2. This bail cancellation application was filed in the year 2022 to cancel the bail granted to co-accused by trial Court vide order dated 24.03.2022 granted in Case Crime No. 8 of 2022 under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, Police Station- Gagalhedi, District- Saharanpur.

3. Learned counsel for applicant submits that learned trial Court has wrongly considered age of victim being disputed without appreciating that at the stage of bail, documentary evidence is a sufficient proof though he has fairly submitted that statement of victim has been recorded during trial who remained consistent and has supported case of prosecution; he further submits that revision against rejection of an Application u/s 319 Cr.P.C. filed by applicant before trial Court is pending.

4. Learned counsel for accused submits that accused has not violated any condition of bail.

5. Law in regard to cancellation of bail is reiterated by Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC Online SC 187 and same is quoted below -:

?12. Law is well settled by a catena of judgments rendered by this Court that the considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c) that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; (d) or that the bail was procured by misrepresentation or fraud. In the present case, none of these situations existed.?

6. In above circumstances, taking note that application is pending for last 2 years and trial is proceeding and victim has recorded her statement fearlessly which are against accused and there is no evidence that accused has violated any condition of bail, therefore, there is no reason to cancel bail of accused, accordingly, prayer for bail cancellation is rejected.

7. However, this application is disposed of with an observation that in case there is any violation of condition of bail and if it is brought into notice of trial Court with sufficient material on record, the trial Court will be at liberty to cancel the bail of accused.

Order Date :- 7.5.2024

N. Sinha