Dismissed

Rakesh Kumar Singh v. State of U.P. and Another

Allahabad HC21 Sept 2024BAILC/425/2024

Case brief

AI extract

What is this about?

The High Court dismissed the bail cancellation application filed by the informant seeking cancellation of bail granted to the accused under Sections 420 and 406 IPC. The court held that the lodging of a new FIR in Rajasthan did not warrant cancellation as the State consented and the applicant failed to provide cogent reasons.

What did the court decide?

Bail cancellation application dismissed; bail not cancelled.

Rakesh Kumar Singh vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154444

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 425 of 2024

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Applicant :- Rakesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Singh Yadav,Sharad Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heart Shri Prashant Vardhan, Advocate holding brief of Shri Sharad Kumar, learned counsel for the applicant and Shri Suresh Bahadur Singh, learned A.G.A. for the Staterespondent.

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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 06.06.2023 passed by Session Judge, Sonbhadra in Session Trial No.3904 of 2023 arising out of Case Crime No.94 of 2022, under Sections 420, 406 IPC, Police Station Obra, District Sonbhadra, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that applicant is the informant of the case and he filed the instant bail cancellation application to cancel the bail granted to opposite party no.2 on the ground that while granting bail to him on 06.06.2023 court concerned imposed a condition upon him that after release on bail, he will not commit any other offence but after release on bail, he committed similar offence in the state of Rajasthan and an FIR has also lodged against

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him, which has been annexed alongwith the instant bail cancellation application.

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He further submits that on the above ground the bail cancellation application was filed by applicant before the court concerned but his bail cancellation application has been dismissed by the court concerned vide order dated 05.07.2024.

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He further submits that as opposite party no.2 violated the condition of bail therefore bail granted to him be cancelled.

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Learned A.G.A. for the State-respondent however submit that from the record, it reflects that after release on bail, an FIR has been lodged against opposite party no.2 in the State of Rajasthan but fairly conceded that if on such ground this Court started cancelling bail of the accused persons, then this Court will open pandora box and it will be very easy for any person to lodge FIR against accused, who has been released on bail and seek cancellation of bail, therefore, the instant bail cancellation application is devoid of merit and is liable to 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 moved by the applicant, who is informant of the case with a prayer to cancel the bail granted by court concerned to opposite party no.2 on the ground that he violated the condition of bail that after release on bail, he will not commit any offence and from the record, it reflects that after release on bail, an FIR has

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been lodged against opposite party no.2 in the State of Rajasthan but this Court finds merit in the submission made by learned A.G.A. in this regard and in view of this Court on the basis of above ground, it is not proper to cancel the bail already granted.

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Further, alleged offences are triable by Magistrate Ist Class and are punishable with maximum punishment of seven years.

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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 view of this Court 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

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dismissed .

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Order Date :- 21.9.2024 Zafar

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

Rakesh Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

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Rakesh Kumar Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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