Dismissed

Farook v. State of U.P. and Another

Allahabad HC13 Apr 2023BAILC/156/2023

Case brief

AI extract

What is this about?

In a bail cancellation application filed by an informant alleging threats, the Hon'ble Court rejected the prayer. The Court held that mere allegations in an application, without independent evidence or corroboration beyond the application itself, are insufficient grounds to cancel bail granted to the accused.

What did the court decide?

Bail granted to the accused (Opposite Party No. 2) was not cancelled and the application was rejected.

Farook Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 156 of 2023

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Applicant :- Farook Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri D.K. Singh, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State.

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The instant bail cancellation application has been filed seeking cancellation of bail order dated 06.07.2022 passed by this Court in Criminal Misc. Bail Application No. 27281 of 2022 in Case Crime No. 48 of 2022, under Sections 323, 504, 304, 308, 34 IPC, Police Station Bhurkura, District Ghazipur during pendency of the trial.

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The instant bail cancellation application has been filed by the applicant, who is informant of the case, on the ground that after release on bail, opposite party no.2, the accused is continuously threatening him.

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Learned counsel for the applicant submitted that opposite party no.2 was released on bail on 06.07.2022 and thereafter he is continuously threatening him and in spite of best effort made by the applicant no FIR was lodged against opposite party no.2. He further submits that applicant also moved an application to SP concerned against the opposite party no.2, which has been annexed as Annexure-4, therefore, opposite party no.2 is misusing the liberty of bail granted to him, therefore, his bail should be cancelled.

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Per contra, learned AGA opposed the prayer for bail and submitted that only application dated 14.10.2022 moved by the applicant is on record with regard to threatening of the opposite party no.2 and except this there is no other evidence of threatening against opposite party no.2 and such type of application can very well be moved by the applicant only with intention to cancel the bail of opposite party no.2, therefore, merely on the basis of such application bail granted to opposite party no.2 should not be cancelled.

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I have heard learned counsel for the parties and perused the record of the case.

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It is bail cancellation application and applicant is the informant of the case and from the perusal of the record, it appears that opposite party no.2 was released on bail by this Court vide order dated 06.07.2022. Although in the instant bail cancellation applicant, who is informant of the case, stated that after release on bail opposite party no.2 continuously threatening him and he also moved an application dated 14.10.2022 to the SP concerned, which has been annexed as Annexure-4 to the affidavit but merely on the basis of averment made in paragraph 8 and 9 and on the basis of application dated 14.10.2022 bail granted to opposite party no.2 cannot be cancelled as such type of application can very well be moved by any person with intention to cancel the bail of accused, therefore, in my view, there is no merit in the instant bail cancellation application.

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Accordingly, the instant bail cancellation application is rejected.

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Order Date :- 13.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Farook v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Farook v. State of U.P. and Another

Case brief

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