Jitendra Singh vs State Of U.P. And Another
2024 Latest Caselaw 17124 ALL

Allahabad High Court

Jitendra Singh 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:87005
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 564 of 2022
 

 
Applicant :- Jitendra Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
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 19.05.2022. passed by trial Court in Case Crime No. 325 of 2019, under Sections 376, 506 IPC and Section 3/4 of POCSO Act and Section 66-E of Information Technology Act, Police Station Kotwali Sadabad, District Hathras

3. Learned AGA appearing for State submits that application is filed mainly on ground that accused has tried to contact with victim and has tried to threaten her and is misusing liberty of bail, however, no complaint or FIR was filed in this regard as well as present status of trial 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 :- 14.5.2024

N. Sinha