Pradeep Kumar Tiwari vs State Of U.P. And Another
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Allahabad High Court

Pradeep Kumar Tiwari vs State Of U.P. And Another on 23 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:93771
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 18724 of 2017
 

 
Applicant :- Pradeep Kumar Tiwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Madhup Narain Shukla
 
Counsel for Opposite Party :- G.A.,Gaurav Kumar Shukla
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1. Learned counsel for applicant and learned counsel for accused are not present. However, learned AGA is present.

2. This is an application for cancellation of bail granted to accused vide order dated 27.02.2017 passed by coordinate Bench of this Court in Case Crime No. 568/2016, under Sections 147, 148, 149, 302 IPC, Police Station Kaptanganj, District Basti.

3. Learned AGA appearing for State submits that application is filed mainly on ground that accused, after release on bail, has threatened the applicant and witnesses to face dire consequences and for that an FIR was lodged on 23.03.2017 in concerned police station, 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 :- 23.5.2024

N. Sinha