The High Court dismissed the State's application to cancel bail granted on 7.6.2012, refusing a routine order without fact-based adjudication. The respondent was granted liberty to seek cancellation before the trial court.
The bail cancellation application is dismissed with liberty to file before the trial court.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 31560 of 2014
Applicant :- State Of U.P. Opposite Party :- Abhay Raj Sharma Counsel for Applicant :- Akhilesh Singh, G.A.
Hon'ble Aniruddha Singh,J.
Heard learned AGA for the applicant/complainant and perused the record.
This bail cancellation application has been moved by the State to cancel bail order dated 7.6.2012 passed by Additional Sessions Judge, Court No.2, Allahabad in Bail Application No.1779 of 2012(Abhay Raj Sharma vs. State of U.P.) in pursuance of Case Crime No.175 of 2012, under Sections 147, 332, 333, 353, 427, 206 IPC, Police Station Kydganj, District Allahabad whereby accused/opposite party was granted bail.
Learned AGA appearing for the applicant/complainant submitted that impugned order was passed in a routine manner, overlooking the gravity of offence and without applying judicial mind.
Ground of cancellation of bail order are related to the facts and it is not possible for this Court to adjudicate the issue based on fact findings at this stage.
In my opinion the bail cancellation application may not be allowed in a routine manner. The bail cancellation application is dismissed with the liberty to file an application for cancellation of bail before the trial Court and if he files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law.
Order Date :- 16.2.2018 P.P.
1 issue framed by the court
Whether the bail cancellation application can be allowed in a routine manner without adjudicating underlying facts.
State Of U.P.
Abhay Raj Sharma
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
