A bail cancellation application was filed by the wife of the deceased regarding a murder case. The applicant withdrew the application upon counsel's instructions, and the High Court rejected it as withdrawn with liberty to approach the lower court.
Bail cancellation application rejected as withdrawn with liberty to approach the court below.
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Neutral Citation No. - 2023:AHC:98084
Court No. - 75
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 171 of 2023
Applicant :- Smt. Nirmala Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
The instant bail cancellation application has been moved by the wife of the deceased in Case Crime No. 202 of 2018, under Sections 302, 120-B IPC, police station Saiyan, district Agra for cancellation of bail granted vide order dated 02.11.2018 passed by this Court in Criminal Misc. Bail Application No. 41627 of 2018.
At the outset, learned Additional Government Advocate raised a preliminary objection that in view of the conditions imposed by this Court vide order dated 02.11.2018, the instant bail application is not maintainable as in the order dated 02.11.2018, it has been observed that in case of default of any of the conditions enumerated above, the court below shall be at liberty to cancel the bail of the applicants, but instead of approaching the concerned court below, the applicant has straightaway filed the bail cancellation application before this Court.
In response, learned counsel for the applicant, upon instructions, submits that he does not want to press this bail cancellation application and the same may be rejected as withdrawn.
Accordingly, the instant bail application is rejected as withdrawn with liberty to approach the concerned court below.
Order Date :- 8.5.2023 Ishrat
Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad
Smt. Nirmala
Mohammad Ishrat
As recorded by the court registry
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