Mohd. Aslam v. State of U.P. and Another
Case brief
What is this about?
Single judge dismissal of bail cancellation application seeking to revoke earlier bail order dated 16.1.2017 to Kamran in IPC 302/201 case. Court found no basis in the record to cancel bail, noting allegations of witness threat must be adjudicated by the trial court.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 83 of 2019
Applicant :- Mohd. Aslam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhawani Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant/complainant, learned A.G.A. for the State and perused the record.
This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 16.1.2017 by Hon'ble Mr. Justice Umesh Chandra Srivastava in Criminal Misc. Bail application No.10991 of 2016 in Case Crime No. 3 of 2016, under Sections 302, & 201 I.P.C., Police Station Agauta, District Bulandshahar whereby opposite party Nos. 2 Kamran has been enlarged on bail.
Learned counsel for the complainant/applicant submitted that the opposite party no.2-Kamran is threatening the witnesses and violating the conditions imposed by the Court vide order dated 16.1.2017.
From perusal of the record, this Court finds no ground to cancel the bail granted by the Court.
Ground of cancellation of bail is related to facts which cannot be adjudicated by this Court and it can be decided by the trial court where the case is pending for trial.
Issues for consideration
1 issue framed by the court
Whether to cancel bail granted in Criminal Misc. Bail application No.10991 of 2016 to Kamran in Crime No. 3 of 2016.
Parties & counsel
- applicant
Mohd. Aslam
- respondent
State Of U.P.
- respondent
Kamran
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAILC/83/2019
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