Ayub vs State Of U.P. And Another
2024 Latest Caselaw 16546 ALL

Allahabad High Court

Ayub vs State Of U.P. And Another on 10 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84909
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 428 of 2021
 

 
Applicant :- Ayub
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajiv Sharma
 
Counsel for Opposite Party :- G.A.,Mohammad Sakir
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present, however, learned A.G.A. as well as learned counsel for accused are present.

2. This is an application for cancellation of bail granted to accused vide order dated 24.05.2016 passed by co-ordinate Bench of this Court in Case Crime No. 178 of 2015 under Sections 302, 207, 34 I.P.C. Police Station- Kotwali, District- Shamli.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused has started threatening informant and his relatives and witnesses for compromise and in this regard a complaint has been lodged, however, present status of trial as well as out come of complaint is not on record.

4. Learned counsel for accused on instruction submits that in the trial, P.W.- 4 has been examined and since accused is out on bail he has not violated any condition of bail and allegations made in this application against him are without cogent evidence.

5. 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.

6. 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.

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

Order Date :- 10.5.2024

P. Pandey