Tamanna Begum vs State Of U.P. And 5 Others
2024 Latest Caselaw 18254 ALL

Allahabad High Court

Tamanna Begum vs State Of U.P. And 5 Others on 21 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:91659
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 56 of 2023
 

 
Applicant :- Tamanna Begum
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Irfan Raza Khan,Sr. Advocate
 
Counsel for Opposite Party :- G.A.,Irshad Ahmad,Rajesh Mishra
 

 
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 persons by Trial Court in Case Crime No. 53 of 2022 under Sections 147, 148, 302 and 34 I.P.C. Police Station- Dildarnagar, District- Ghazipur.

3. Learned AGA appearing for State submits that application is filed mainly on ground that after released on bail accused persons have threatened the applicant and an FIR was lodged in this regard. However, present status of trial as well as out come of 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 :- 21.5.2024

P. Pandey