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MAYANK KUMAR JAIN
Nitesh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Vinay Saran, Senior Advocate assisted by Sri Pradeep Kumar Mishra and Sri Surendra Kumar Chaube, learned counsel for the applicant-Nitesh Kumar Singh.
Sri V.P. Srivastava, Senior Advocate assisted by Sri Satya Dheer Singh Jadon, Sri Rajeev Nayan Singh, Sri Vikram Bahadur Singh and Sri Krishan Murari Tripathi learned counsel for the opposite parties-Sabal Singh @ Amritesh Singh, Hari Singh and Raj Narain Pandey.
Sri S. K. Ojha, learned AGA, Sri Suraj Singh, Sri Yogeshwar Rai, Ms. Reema Gupta, learned counsel for the State of U.P.
2. Applicant Nitesh Kumar Singh has filed Criminal Misc. Bail cancellation application Nos. 302 of 2021, 188 of 2022 and 207 of 2022 under Section 439(2) of Cr.P.C. seeking cancellation of bail granted to opposite parties namely Shabal Singh @ Amritesh Singh, Hari Singh and Raj Narayan Pandey in Case Crime No. 167 of 2021 u/s 302, 120B IPC relating to Police Station Bairiya, District Ballia.
3. Criminal Misc. Bail Cancellation Application No. 255 of 2022 is filed by the State of U.P. seeking cancellation of bail granted to opposite party/ accused Shabal Singh @ Amritesh Singh by the Additional Sessions Judge, Court No.3, Ballia vide its o
Point of Law : Trial Court passed the impugned bail orders taking into consideration incorrect facts of case, all bail cancellation applications deserve to be allowed.
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
Grant of Bail - Bail is a right and denial is an exception' but it does not mean that the bail should be granted in every case.
Repeated offenders who commit crimes while on bail should not be granted bail, and the trial should be expedited. The nature of offenses and the general conduct of the accused are crucial factors in ....
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The legal principle established is that strong and cogent reasons are required to deprive the liberty of an accused, and the prescribed procedure for seeking arrest or cancellation of bail must be fo....
Bail granted based on misleading information can be revoked to uphold judicial integrity and ensure accurate legal proceedings.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
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