Court dismissed a bail cancellation application, holding that it essentially sought a rehearing or review of the bail order, which falls outside the court's jurisdiction as it is not in appeal or review.
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Neutral Citation No. - 2023:AHC:187238
Court No. - 66
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 68 of 2019
Applicant :- Mewa Lal Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Yadav Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey,Chandra Prakash Pandey
Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call. None appears on behalf of the applicant to press the bail application. Name of counsel for the applicant is shown in the cause list. However, Shri Ashutosh Kumar Pandey, learned counsel on behalf of opposite party No. 2 is present.
This is a bail cancellation application.
Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State submits that the violation of conditions or misuse of liberty of bail has not been established from the bail cancellation application. It appears that the bail cancellation application is essentially an application for rehearing or review of the order granting bail. Perusal of the grounds in the application affirms these facts. This Court is neither sitting in appeal nor in review jurisdiction.
No case for bail cancellation is made out.
The bail cancellation application is dismissed.
Order Date :- 26.9.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
Mewa Lal Yadav
State of U.P.
Ajay Bhanot
Jaswant Kumar
As recorded by the court registry
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