Dismissed

Compliant of Case Crime No 91/2024 v. State of Up and Another

Allahabad HC3 Sept 2024BAILC/222/2024

Case brief

AI extract

What is this about?

Single judge of the Allahabad High Court disposed of a bail cancellation application. The court held that the mere filing of a second statement by the victim alleging rape, when prior statements did not contain such allegations, was insufficient grounds to cancel bail. The application was dismissed for lack of merit.

What did the court decide?

The instant bail cancellation application was dismissed on the merits.

Compliant of Case Crime No 91/2024 vs… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:177730

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 222 of 2024

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Applicant :- Compliant Of Case Crime No 91/2024 Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Anand Kumar Mishra, Advocate holding brief of Shri Rajiv Kumar Mishra learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State-respondent.

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The instant bail cancellation application has been filed seeking cancellation of the bail granting order of opposite party no.2 dated 15.04.2024 passed by Additional District and Sessions Judge/Special Judge (POCSO Act) Court No.3, Ghaziabad in Case Crime No.91 of 2024, under Sections 363, 366, 376(a)(b), 420, 467, 468, 471 IPC & Sections 5m/6 POCSO Act, Police Station Loni, District Ghaziabad, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that applicant is the informant/complainant of the case and he has filed the instant bail cancellation application on the ground that victim i.e. daughter of the applicant was minor aged about fourteen years and she in her second statement recorded under Section 161 Cr.P.C. made allegation of rape against opposite party no.2 but inspite of that court concerned after considering the statement of the victim recorded under Section 164 Cr.P.C. and her first statement recorded under Section 161 Cr.P.C. granted bail to him and thus committed grave illegality in granting the bail to opposite party

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no.2 and therefore, bail granted to opposite party no.2 should be cancelled.

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Learned A.G.A. also submits that victim in her second statement recorded under Section 161 Cr.P.C. made allegation of rape against opposite party no.2 but could not dispute the fact that victim in her statement recorded under Section 164 Cr.P.C. and in her first statement recorded under Section 161 Cr.P.C. did not make any allegation against him however, learned A.G.A. further submits that victim appears to be minor aged about fourteen years.

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I have heard learned counsel for both the parties and perused the record of the case.

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This is the bail cancellation application filed by the applicant and from the bail granting order passed by the court concerned, it reflects that court concerned granted bail to opposite party no.2 after considering the fact that victim in her statement recorded under Section 164 Cr.P.C. and in her first statement recorded under Section 161 Cr.P.C. did not make any allegation against opposite party no.2 and after her first statement recorded under Section 161 Cr.P.C. victim in her second staement stated against the opposite party no.2 therefore, in my view merely on this basis bail granted to opposite party no.2 should not be cancelled.

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Further, law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted and for cancellation of bail, very cogent and overwhelming reasons are necessary, which in my considered view is missing in the present matter.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, the instant bail cancellation application is devoid of merit and is accordingly dismissed .

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Order Date :- 12.11.2024 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Compliant of Case Crime No 91/2024 v. State of Up and Another

Case brief

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Compliant of Case Crime No 91/2024 v. State of Up and Another

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