Krishna Pal Singh Dharma vs State Of U.P. And Another
2024 Latest Caselaw 17884 ALL

Allahabad High Court

Krishna Pal Singh Dharma vs State Of U.P. And Another on 17 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:89791
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 627 of 2022
 

 
Applicant :- Krishna Pal Singh Dharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajaj Ahmad,Akhtar Ali
 
Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari
 

 
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 05.12.2022 passed by Trial Court in Case Crime No. 144 of 2022 under Sections 302/34 I.P.C., Police Station- Ganga Nagar, District- Meerut.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused has threatened the applicant for compromise and withdraw the case and a compliant was filed in this regard. However, present status of trial as well as out come of 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 :- 17.5.2024

P. Pandey