KRISHAN PAHAL
Shanti Rani Agarwal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Imran Ullah, learned counsel for the applicant, Sri Nand Lal Pandey, learned counsel for the opposite party no. 2 and Sri V.K.S. Parmar, learned A.G.A. for the State.
2. The instant bail cancellation application has been filed on behalf of the applicant (complainant) with the prayer to cancel the bail granted to opposite party no. 2 by the court concerned in Case Crime No. 520 of 2020 under Sections 147, 420, 467, 468, 471, 387, 447, 504, 506 IPC, Police Station George Town, District Prayagraj.
PROSECUTION STORY:
3. The informant Smt. Shanti Rani Agarwal lodged an FIR at P.S. George Town on 30.9.2020 stating that she had purchased the plot no. 8/49 at C.Y. Chintamani Road, George Town, Prayagraj, from its original owner Dr. Pant. Adjacent to it, Anil Dwivedi @ Gulab Dwivedi had purchased a plot of dimension 30 x 72 ft. in resale. Subsequent to it, opposite party no. 2 Anil Dwivedi had illegally taken possession on the part of the land of the informant and had even undertaken illegal construction. On being objected by the informant, the opposite party no. 2 is stated to have threatened the applicant/informant alongwith his associates and had even demanded a ranso
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The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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