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IN THE HIGH COURT OF ALLAHABAD
ASHUTOSH SRIVASTAVA
Ahswani Kumar Agarwal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ashutosh Srivastava,J.
1. Heard Sri Nipun Singh, learned counsel for the applicant of the Bail Cancellation Application, learned A.G.A. as also Sri Rajiv Lochan Shukla, learned Senior Counsel assisted by Sri Shikhar Awasthi, learned counsel, who has put in appearance on behalf of the opposite party no.2- Rakesh Sharma s/o Chandrapal Sharma in opposition to the Bail Cancellation Application.
2. The instant Bail Cancellation Application at the instance of the applicant-Ashwani Kumar Agarwal has been filed seeking the cancellation of the bail of the opposite party No.2 namely Rakesh Sharma, who has been enlarged on bail by the Sessions Judge, Ghaziabad vide order dated 01.11.2022 passed in Bail Application No.7355 of 2022 arising out of Case Crime No.636 of 2021, under Sections 120B, 406, 420, 467, 468, 471, 506 I.P.C., Police Station Tronica City, District Ghaziabad.
3. Sri Nipun Singh, learned counsel for the applicant/ informant seeking cancellation of the bail granted to the opposite party no.2 submits that the applicant is a Chartered Accountant by profession and is in a professional relationship with the opposite party No.2. The opposite party No.2 by assuring good retur
The court affirmed that bail may be cancelled if prior decisions overlook critical evidence regarding the accused's conduct, criminal history, and the potential risk posed to victims.
Bail can be cancelled if obtained through misrepresentation, especially in cases involving serious economic offences.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Cancellation of bail – Bail obtained by misrepresenting as well as by suppressing material facts, is always liable to be cancelled.
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
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....
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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