Nem Singh v. State of U.P. and Another

Neutral Citation No. - 2023:AHC:156149

Court No. - 75

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 42 of 2023

Applicant :- Nem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Chandra Pandey,Saurabh Pandey Counsel for Opposite Party :- G.A.,Ankit Tiwari

Hon'ble Pankaj Bhatia,J.

1. Heard Sri S.C Pandey, learned counsel for the applicant, Sri Ankit Tiwari, learned counsel for opposite party no.2 and learned A.G.A. for the State.

2. This is an application for cancellation of bail granted to opposite party no.2 vide order dated 16.11.2022 passed by Session Judge, Mathura, in Criminal Misc. Bail Application No.4116 of 2022, pertaining to Case Crime No.297 of 2022, under sections 323, 504, 506, 307 IPC, P.S.- Refinary, District- Mathura.

3. Learned counsel for the applicant has submitted that the learned court below while granting the bail to the accused - respondent has not considered the entirety of the matter and the accused/respondent is continuously threatening the applicant with dire consequences and also putting pressure for the compromise in the present case. Thus, their bail may kindly be cancelled.

4. 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.