Pahlu Chauhan vs State Of U.P. And Another
2024 Latest Caselaw 17356 ALL

Allahabad High Court

Pahlu Chauhan vs State Of U.P. And Another on 15 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87947
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 87 of 2019
 

 
Applicant :- Pahlu Chauhan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brijesh Kumar Yadav
 
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 29.10.2018 passed by trial Court in Case Crime No. 429/2018, under Sections 323, 354-Ka, 452, 376 IPC, Police Station Sarnath, District Varanasi

3. Learned AGA appearing for State submits that application is filed mainly on ground that accused has got bail by concealing material facts and after his release, he has tried to threaten witnesses, however, present status of trial as well as complaint or FIR 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

N. Sinha