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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ashutosh Srivastava
Yogesh Kumar Garg – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. cancellation of bail granted by sessions court (Para 1 , 2 , 3 , 5) |
| 2. court's analysis on powers under section 439(2) cr.p.c. (Para 6 , 7 , 10) |
| 3. arguments on maintainability of bail cancellation application (Para 8 , 9) |
| 4. distinction between setting aside and cancelling bail (Para 11 , 12 , 13 , 14) |
| 5. finality of court orders and futility of repeated applications (Para 15 , 16 , 17) |
| 6. high court's powers in reviewing bail orders (Para 18) |
| 7. dismissal of application due to non-maintainability (Para 19) |
JUDGMENT :
Ashutosh Srivastava, J.
1.This is a Bail Cancellation Application seeking the cancellation of bail granted to the opposite party No. 2, namely, Kuna Kapoor son of Vinod Kapoor by the Sessions Court vide order dated 23.12.2022.
2. The learned Sessions Court, Ghaziabad while granting bail to the opposite party No. 2 imposed a condition that the opposite party would pay a sum of Rs.42 lacs out of the outstanding amount of Rs.4 crores and 37 lacs to the applicant/first informant within two months.
3. The bail cancellation was sought by the applicant herein by moving a bail cancellation application before the Sessions Court, Ghaziabad on the ground that the condit
A bail cancellation application cannot be pursued in the High Court after the Sessions Court has rejected it; such challenges must follow appropriate procedural avenues and respect distinctions in la....
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
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.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
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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