Najim vs State Of U.P And Another
2024 Latest Caselaw 16462 ALL

Allahabad High Court

Najim vs State Of U.P And Another on 9 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83942
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 202 of 2022
 

 
Applicant :- Najim
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- D.M.Tripathi
 
Counsel for Opposite Party :- G.A.,Shabana Nizam
 

 
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 15.04.2022 passed by trial Court in Case Crime No. 68 of 2022 under Sections 363, 376 I.P.C. and 3/4 of POCSO Act, Police Station Didauli, District- Amroha.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail, accused has tried to harass the victim and trial Court without considering evidence on record has granted bail to accused, however, present status of trial as well as any complaint in regard to harassment 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 or trial Court, if there is violation of any condition of bail along with 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 :- 9.5.2024

N. Sinha