State of U.P. v. Rashid
Case brief
What is this about?
The application for cancellation of bail was dismissed. The court found no evidence of misuse of bail liberty and held that the application amounted to a review, which the court was not empowered to entertain.
What did the court decide?
The bail cancellation application was dismissed.
What the court decided
Neutral Citation No. - 2023:AHC:195410
Court No. - 74
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 90 of 2021
Applicant :- State of U.P. Opposite Party :- Rashid Counsel for Applicant :- A.G.A.
Hon'ble Vivek Varma,J.
- Heard learned A.G.A. for the State.
- This is an application for cancellation of bail.
- The opposite party was released on bail by Special Judge/ N.D.P.S. Act/ Additional Sessions Judge, Court No.7 Moradabad vide order dated 21.10.2020 passed in Case Crime No. 768 of 2020.
- No misuse of liberty of bail has been established from the bail cancellation application.
- Arguments have been advanced against the order granting bail. It appears that the instant application is essentially an application for re-hearing or review of the order granting bail. This Court is neither sitting in appeal nor in review jurisdiction.
Issues for consideration
2 issues framed by the court
Whether there was any misuse of bail liberty entitling the State to cancel bail.
Whether the High Court could entertain the application as a review of the order granting bail.
Parties & counsel
- applicant
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAILC/90/2021
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