Pratiksha Yadav vs State Of U.P. And Another
2024 Latest Caselaw 16243 ALL

Allahabad High Court

Pratiksha Yadav vs State Of U.P. And Another on 8 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83258
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 110 of 2023
 

 
Applicant :- Pratiksha Yadav
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Kumar Chaurasia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant as well as counsel for accused are not present.

2. This is an application for cancellation of bail granted to accused vide order dated 11.12.2018 passed by co-ordinate Bench of this Court in Case Crime No. 494 of 2017 under Sections 376, 504, 506, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station -Etmaddaula, District- Agra.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused has threatened the victim and thereafter victim has lodged a complaint, 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 :- 8.5.2024

P. Pandey