Dismissed

Sumit Kumar v. State of U.P. and Another

Allahabad HC2 Aug 2023BAILC/334/2023

Case brief

AI extract

What is this about?

In an application for cancellation of bail, the High Court rejected the applicant's claim that a discrepancy between seven and nine injuries warranted revocation. Relying on settled legal principles, the Court held that bail cannot be cancelled unless grounds are stronger and the original order is arbitrary.

What did the court decide?

Bail cancellation application rejected; the earlier bail granted to the accused remains valid.

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

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Neutral Citation No. - 2023:AHC:154377

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 334 of 2023

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Applicant :- Sumit Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anis Kumar Gautam Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State. None is present for the respondent.

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This is an application for cancellation of bail granted to respondent vide order dated 27.03.2023 passed by the learned Sessions Judge Ghaziabad pertaining to Case Crime no.261 of 2023 under sections 308, 504, 506 IPC, P.S. Loni, District Ghaziabad.

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The contention of the counsel for the applicant is that while granting the bail, only seven injuries were noticed by the learned Sessions Judge whereas number of injuries are nine, thus, the bail granted to respondent should be cancelled.

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I have considered the said order passed by the learned Sessions judge and it is well settled and reasoned order.

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The law with regard to cancellation of bail has been well settled by a catena of judgements holding that cancellation of bail can be ordered only on stronger grounds and bail already granted should not be cancelled unless it appears that the order granting bail is arbitrary, illegal and perverse or if the accused is interfering with the course of justice by tampering with the evidence. It is also trite law that the power to cancel bail has to be exercised with caution and great circumspection in appropriate cases.

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The Hon'ble Apex Court in the case of Mehboob Dawood Shaikh Vs. State of Maharashtra (2004) 2 SCC 362 , has held as under:

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"It is trite law that the considerations for grant of bail and cancellation of bail stand on different footings and the bail granted under Section 437 (1) or (2) or Section 439 (1) can be cancelled where (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation (iii) attempts to tamper with evidence or witnesses, (iv) threatens

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witnesses or investigation, (v) there is likelihood of his fleeing to another country, (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety, etc.These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to."

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Considering the facts and circumstances of the case and the well settled legal principles as cited above, this Court does not find any good ground to cancel the bail of the accused-respondent.

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Accordingly, the bail cancellation application is rejected.

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Order Date :- 2.8.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad

Sumit Kumar v. State of U.P. and Another

Case brief

What is this about?

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Sumit Kumar v. State of U.P. and Another

Case brief

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