Dismissed

Raghav Ram v. State of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC6 Feb 2024BAILC/24/2024

Case brief

AI extract

What is this about?

Single Judge of Allahabad High Court dismissed bail cancellation application moved under Section 439(2) Cr.P.C. Finding no locus standi where Trial Court already issued N.B. Warrant, Court directed Trial Court to take further action for presence of accused.

What did the court decide?

Bail cancellation application dismissed; directed to Trial Court to take suitable action for presence of accused.

Raghav Ram vs State of U.P Thru. Addil. Chief Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11267

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 24 of 2024

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Applicant :- Raghav Ram Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the informant/applicant as well as learned A.G.A. for the State and perused the record.

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This bail cancellation application has been moved by the informant/applicant - Raghav Ram, requesting to cancel the facility of bail granted by this Court vide order dated 06.04.2022 passed in Criminal Misc. Bail Application No. 3433 of 2022.

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Learned counsel for the informant/ applicant submits that the accused/ respondent is not appearing before the Trial Court and despite coercive process has been issued against him, the same is not being served/ executed by the police and in this way, the conditions, subject to which the facility of bail was granted to the accused- respondent, have been violated and the facility of bail granted to the accused-respondent vide order dated 06.04.2022 passed in Criminal Misc. Bail Application No.3433 of 2022 be cancelled.

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Learned A.G.A., on the other hand, submits that the facility of bail was extended to the accused-respondent subject to the conditions mentioned in the same order and the Trial Court, noticing that the accused- respondent is not appearing, has already issued non-bailable warrant against the accusedrespondent and therefore, the applicant/ informant is not having any locus to move this Court especially when the Trial Court itself has issued non-bailable warrant for the arrest of the accused- respondent.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the instant application for

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cancellation of bail has been moved under Section 439 (2) Cr.P.C. to cancel the facility of bail granted by this Court in favour of the accused- respondent. Section 439 (2) of the Cr.P.C. provides that the Hon'ble High Court or Court of Sessions may direct that any person, who has been released on bail under this chapter, be arrested and commit him to custody, which clearly denotes that it is not only this Court, but the Sessions Court is also empowered to take action under Section 439 (2) Cr.P.C. and it would be not of any significance whether the bail order in favour of the accused- respondent has been passed by this Court, as it would always be open for the Trial Court to take coercive action against an accused even if he has been granted bail by this Court and those conditions, under which the concession of bail has been extended to the accused person, are not being adhered or complied by him. It is evident that already non-bailable warrant has been issued by the Trial Court against the accused- respondent, I do not find any substance in the instant bail cancellation application. Thus, the same is dismissed .

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However, the Trial Court is directed to take further suitable action for the presence of the accused- respondent before it and issue suitable process which would be justified in the facts and circumstances of the case.

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Order Date :- 6.2.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Raghav Ram v. State of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

What is this about?

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Raghav Ram v. State of U.P Thru. Addil. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

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