Priya Vaish vs State Of U.P. Another
2024 Latest Caselaw 17518 ALL

Allahabad High Court

Priya Vaish vs State Of U.P. Another on 16 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88625
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 354 of 2021
 

 
Applicant :- Priya Vaish
 
Opposite Party :- State Of U.P. Another
 
Counsel for Applicant :- Abhishek Gupta
 
Counsel for Opposite Party :- G.A.,Vishnu Pratap Pandey
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is present, however, learned counsel for accused is not present.

2. This is an application for cancellation of bail granted to accused vide order dated 23.07.2021 passed by learned Trial Court in Case Crime No. 451 of 2021, under Sections 323, 504, 506, 376, 406 IPC and Section 5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Bisrakh, District- Gautam Buddh Nagar.

3. Learned counsel for applicant submits that charges have been framed, however, according to instruction, victim's statement has not been recorded till date.

4. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused has threatened applicant and her family member and a complaint was made in this regard. However, present status of trial as well as out come of complaint or FIR is not on record.

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 :- 16.5.2024

P. Pandey