Dismissed

Smt Santosh v. State of U.P. and Another

Allahabad HC19 Sept 2024BAILC/409/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a bail cancellation application filed by the informant. The court held that vague allegations of threats made by the accused after bail were insufficient grounds to cancel bail, especially when cogent and overwhelming reasons are absent as required by law.

What did the court decide?

The bail cancellation application was dismissed on the ground that allegations of threat were vague and insufficient.

Smt Santosh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154509

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 409 of 2024

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Applicant :- Smt Santosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Onkar Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder 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 vide order dated 09.07.2024 granted by Additional Session Judge Court No.03, Muzaffarnagar in Case Crime No.477 of 2023, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali Nagar, District Muzaffarnagar, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant is the informant of the case and he has filed the instant bail cancellation application with a prayer to cancel the bail granted to opposite party no.2 by concerned Court on the ground that after release on bail he is threatening her and continuously is misusing the liberty of bail granted to him and therefore, bail granted to him be cancelled.

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Learned AGA on the other hand submitted that in paragraph 13 of the affidavit filed in support of instant bail application, however, applicant made an averment that opposite party no.2 is threatening her but merely on the basis of such vague allegation of threatening it is not proper to cancel the bail already granted to accused. He further submits that if Court entertains the bail cancellation application on the basis of such vague allegation of threatening then this Court will open pandora box and therefore, the instant cancellation bail application should be dismissed.

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

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The instant bail cancellation application has been filed on the sole ground that after release on bail of opposite party no.2 is continuously threatening the applicant i.e. informant of the case and in this regard the averment has also been made in paragraph 13 of the affidavit filed in support of instant application and except this no other argument has been advanced by learned counsel for the applicant.

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After considering the ground taken by applicant this Court finds merit in the argument advanced by learned A.G.A. that on the basis of such vague allegation of threatening the bail granted to accused cannot be cancelled and if the Court entertains the bail cancellation application on such vague ground of threatening then pandora box will open.

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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 must be available on record, 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 :- 19.9.2024 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Smt Santosh v. State of U.P. and Another

Case brief

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Smt Santosh v. State of U.P. and Another

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