Ikrar vs State Of U.P. And Another
2024 Latest Caselaw 18253 ALL

Allahabad High Court

Ikrar vs State Of U.P. And Another on 21 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91660
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 46548 of 2017
 

 
Applicant :- Ikrar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd Faiz
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant is not present. Learned AGA is present.

2. This is an application for cancellation of bail granted to accused vide order dated 08.11.2017 passed by coordinate Bench of this court in Case Crime No. 28/2017, under Sections 376 IPC and 4 of POCSO Act, Police Station Bithri Chainpur, District Bareilly.

3. Learned AGA appearing for State submits that application is filed mainly on ground that accused is continuously threatening the victim, however, present status of trial as well as any complaint or FIR in regard to above referred ground 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 :- 21.5.2024

N. Sinha