Rajkumar vs State Of U.P. And 3 Others
2024 Latest Caselaw 17268 ALL

Allahabad High Court

Rajkumar vs State Of U.P. And 3 Others on 15 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87931
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 257 of 2022
 

 
Applicant :- Rajkumar
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Mahendra Pratap,Sunil Kumar Singh
 
Counsel for Opposite Party :- Abhishek Sharma,G.A.,Rajiv Sharma
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present. According to service report, notice is served upon accused, however, no one has entered appearance.

2. This is an application for cancellation of bail granted to accused vide order dated 15.07.2021 passed by co-ordinate Bench of this Court in Case Crime No. 0011 of 2021 under Sections 498-A, 323, 406, 420, 376, 511, 504 and 506 and 3/4 of D.P. Act, Police Station- Mahila Thana, District Gautam Buddh Nagar.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on Anticipatory Bail, accused has threatened victim and all her family members, however no complaint has been made in this regard. 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 :- 15.5.2024

P. Pandey