Jitendra Kumar Maurya vs State Of U.P. . And Another
2024 Latest Caselaw 17059 ALL

Allahabad High Court

Jitendra Kumar Maurya vs State Of U.P. . And Another on 14 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87024
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 479 of 2022
 

 
Applicant :- Jitendra Kumar Maurya
 
Opposite Party :- State Of U.P. . And Another
 
Counsel for Applicant :- Purushottam Mani Tripathi
 
Counsel for Opposite Party :- G.A.,Shailendra Kumar Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present. However, learned AGA is present.

2. This is an application for cancellation of bail granted to accused vide order dated 13.10.2020 passed by coordinate Bench of this Court in Case Crime No. 378 of 2019, under Sections 147, 148, 323, 504, 506, 302, 307, 325 and 34 IPC, Police Station Jhangha, District Gorakhpur.

3. Learned AGA appearing for State submits that application is filed mainly on ground that accused along with other persons have threatened the witness to kill her if she deposes against him and for that an FIR was lodged by applicant on 31.07.2022 as Case Crime No. 275 of 2022 under Sections 504, 506 IPC at same police station, however, its outcome is not on record as well as present status of trial is also 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 :- 14.5.2024

N. Sinha