Neutral Citation No. - 2023:AHC:105559

Court No. - 74

Case :- CRIMINAL MISC. BAIL CANCELLATION

APPLICATION No. - 254 of 2023

Applicant :- Devendra

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajeet Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Ajeet Kumar Srivastava, learned counsel for the

applicant and Sri Jhamman Ram, learned AGA for the State-

respondent.

2. The instant application has been filed seeking to allow the bail

cancellation application and cancel the bail of the opposite party

no. 2 in case crime no. 106 of 2021, under Sections 308, 323, 324,

325, 504 IPC, Police Station- Hajratpur, District- Budaun granted

on 4.4.2023 by the learned Additional Sessions Judge, Court No. 1,

Budaun in Criminal Misc. Bail Application No. 1048 of 2023

(Vishwanath @ Gyanendra Vs. State), during pendency of the trial

in the court below.

3. This is the bail cancellation application filed on behalf of the

applicant i.e. informant of the case to cancel the bail granted to

O.P. No. 2 by the court concerned vide order dated 4.4.2023.

4. Learned counsel for the applicant submitted that O.P. No. 2 was

released on bail on 4.4.2023 by the court concerned and after

released on bail, he is continuously threatning the applicant and in

this regard on 11.4.2023, an application was moved by the

applicant before SSP concerned but nothing happened, therefore,

considering the conduct of the O.P. No. 2, the bail granted to him

should be cancelled.

5. Per contra, learned AGA opposed the prayer for bail and

submitted that except the application dated 11.4.2023, there is no

other evidence on record, which can show that O.P. No. 2 after

released on bail is threatening the applicant and even on the

application dated 11.4.2023, no FIR could be lodged, therefore, the

instant bail cancellation application is without merit and it should

be dismissed.

6. I have heard both the parties and perused the record of the case.

7. It is bail cancellation application and applicant, who is the

complainant of the case stated that after released on bail, O.P. No.

2 is continuously harassing and threating him and in this regard on

11.4.2023, he moved an application to SSP concerned but from the

record, it reflects that on the application dated 11.4.2023 no FIR

was lodged.

8. The law is settled that bail granted to accused person can be

cancelled only on very congent and overwhelming grounds and no

such ground is available on record and merely on the basis of

application dated 11.4.2023, it cannot be said that O.P. No. 2 is

continuously threatening the applicant. If on the basis of such

application, bail granted to accused person is cancelled by this

Court then Court will open pendora box, therefore, I find no merit

in the instant bail cancellation application.

9. Accordingly, the instant bail cancellation application is

dismissed.

10. It is clarified that the observations made herein are limited to

the facts brought in by the parties pertaining to the disposal of bail

application and the said observations shall have no bearing on the

merits of the case during trial.

Order Date :- 15.5.2023

KK Patel

Digitally signed by :-

KRISHN KANT PATEL

High Court of Judicature at Allahabad