Disposed

Ritika Chaudhary v. State of U.P. and 2 Others

Allahabad HC18 Jul 2018BAILC/2200/2018

Case brief

AI extract

What is this about?

The High Court held that a bail cancellation application filed when bail was granted by a Sessions Judge is not maintainable before the High Court. The court disposed of the application, directing the applicant to approach the Sessions Judge.

What did the court decide?

Application disposed off with liberty to file fresh bail cancellation application before the trial Court.

Ritika Chaudhary Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 41

¶2

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 2200 of 2018

¶3

Applicant :- Ritika Chaudhary Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kumar Amit,Aaftab Ahmad Rain,Rajesh Dwivedi

¶4

Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla

¶5

Hon'ble Aniruddha Singh,J.

¶6

This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 27.1.2018 passed by Sessions Judge, Kanpur Dehat in Bail application No. 31 of 2018 (Smt. Chandrawati and Km. Aditi vs. State of U.P.) whereby opposite party Nos. 2 and 3 have been enlarged on bail.

¶7

Sri Rajesh Dwivedi, learned counsel for the applicant submits that this bail cancellation application may be disposed off with liberty to file fresh before lower Court.

¶8

In the case of Shahzad Hasan Khan v. Ishtiq, AIR 1987 SC 1613 , the Apex Court has held that in the absence of sufficient materials to show that the accused was threatening the informant, bail granted cannot be cancelled.

¶9

In the case of Daulat Ram Vs. State of Haryana, AIR 1995 SC 1998 it was held by the Hon'ble Apex Court that the order under this section may be passed on the following grounds:-

¶10

"1. When the accused is found tampering with the evidence either during the investigation or during the trial.

¶11

When the persons on bail commits similar offence or any heinous offence during the period of bail.

¶12

When the accused has absconded and trial of the case gets delayed on that account.

¶13

When the offence so committed by the accused had created serious law and order problem in the society and accused had become a hazard on the peaceful living of the people.

¶14

If the High Court finds that the lower Court granting bail has exercised its judicial power wrongly.

¶15

If the High Court or Sessions Courts find that the accused

¶16

has misused the privilege of bail.

¶17

If the life of the accused itself be in danger."

¶18

Moreover, in view of law laid down in the case of Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and another (2014) 10 SCC 754 , this application would lie before the Court of Session Judge, not before the High Court, hence application is disposed off with liberty to file fresh bail cancellation application before the trial Court and if applicant files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.

¶19

Certify this judgment to the lower court immediately.

¶20

Order Date :- 18.7.2018

¶21

P.P.

Ritika Chaudhary v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ritika Chaudhary v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shri Kant Singh Vs State of U.P. and Others

Sadiq Ali Vs Xvi A.D.J. and Others

Shama Vs State of U.P. and Another

Sageer Vs State of U.P.

Syed Asim Miyan Vs Smt. Reshma Bi and Others

Shahid Vs State of U.P.