Dismissed

Laxman Prasad Pandey v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC12 Feb 2024BAILC/27/2024

Case brief

AI extract

What is this about?

An applicant sought cancellation of an earlier bail order, alleging witness threats and police inaction. The High Court held the allegations vague, noted witness statements were already recorded, and dismissed the application.

What did the court decide?

The bail cancellation application filed to cancel the order dated 05.05.2023 is dismissed.

Laxman Prasad Pandey vs State of U.P Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12479

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 27 of 2024

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Applicant :- Laxman Prasad Pandey Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Chetan Kumar Tiwari,Chetan Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present application has been filed on behalf of the applicant with a prayer to allow the bail cancellation application and cancel the order dated 05.05.2023, Criminal Misc. Bail Application No.4791 of 2023, 'Amarish Mishra @ Ambrish Mishra Vs. State of U.P.', in Case Crime No.406/2020 under Sections 147, 148, 149, 307, 302, 188, 120-B I.P.C., Police Station - Kotwali City, District - Pratapgarh.

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Learned counsel for the applicant submits that informant as well as witnesses of the case are threatened for giving favourable statements in favour of accused person. He further submits that complaint was made before the Superintendent of Police, Pratapgarh on 22.12.2023 through Registered Post but till today, no action has been taken, therefore, bail application of the accused is liable to cancelled.

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Learned A.G.A. opposed the prayer of the applicant and submits that statements of informant as well as other witnesses have already been recorded before the trial court and now only examination of formal witnesses is going on. He also submits that vague complaint has been made by the applicant before the Superintendent of Police, Pratapgarh, therefore, present application is liable to be dismissed.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., material

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available on record, contents of bail order passed by this Court dated 5.5.2023 passed in Criminal Misc. Bail Application No.4791 of 2023, it is admitted that statement of informant as well as other witnesses have already been recorded, therefore, there is no question of change of their deposition.

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In view of the above, the present application for cancellation of bail is misconceived and is, accordingly, dismissed .

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Trial court is directed to conclude the trial expeditiously, without giving any unnecessary adjournment to either of the parties.

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Office is directed to communicate this order to the trial court, forthwith.

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Order Date :- 12.2.2024 Gaurav/-

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

Laxman Prasad Pandey v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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Laxman Prasad Pandey v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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