Amit Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amit Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail-cancellation application referred to the Conciliation and Mediation Centre of this Court with the consent of both sides; applicant Amit Kumar and opposite party No.2 Premkala directed to appear before the Centre on 8th May, 2025; office to communicate copies of the order, bail application and bail order to the Centre; case listed for 1st July, 2025 (top ten category) with the Conciliation Centre's report due on or before that date. No decision recorded on the merits of cancelling the bail.

Issue for consideration

Whether the bail granted to opposite party No.2 vide order dated 5th December, 2024 in Criminal Misc. Bail Application No. 10795 of 2024 should be cancelled on account of alleged non-compliance with the repayment condition/direction contained in that order. +1 more

Court's answer

On the request of applicant's counsel (based on instructions) and with no objection from opposite party No.2, the Court referred the bail application to the Conciliation and Mediation Centre of this Court instead of adjudicating cancellation; applicant Amit Kumar and opposite party No.2, Premkala were directed to appear before the Centre on 8th May, 2025 (appearance date spans ¶¶11–12).

Ratio / Principle

The Court observed that there is a dispute between learned counsel for the parties regarding the amount required to be repaid under the bail order (Rs.23,74,000/- per applicant's side versus Rs.19 lacs per opposite party No.2's side).

Key takeaways

Office directed to communicate a copy of this order, along with copies of the bail application and the bail order, to the Conciliation and Mediation Centre of this Court.ratio¶¶13
Case to be listed on 1st July, 2025 in the top ten category as directed earlier; report of the Conciliation Centre to be submitted on or before the next date of listing.ratio¶¶14

Detailed headnote1 paragraphs

Bail cancellation application (Criminal Misc. Bail Cancellation Application No. 4 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Manish Mathur, J.). The applicant sought cancellation of bail granted to opposite party No.2 (Premkala) vide order dated 5th December, 2024 in Criminal Misc. Bail Application No. 10795 of 2024, alleging non-compliance with the bail order's direction/condition to repay monies to the persons concerned (Rs.23,74,000/- as claimed by applicant's side). Opposite party No.2's counsel contended that the operative portion of the bail order required repayment of only Rs.19 lacs, already repaid pursuant to this Court's directions, and filed a counter affidavit taken on record. Observing a dispute between counsel on the quantum, and upon applicant's counsel requesting reference to mediation with no objection from opposite party No.2, the Court referred the matter to the Conciliation and Mediation Centre, directing Amit Kumar and Premkala to appear before it on 8th May, 2025; office to forward copies of the order, bail application and bail order to the Centre; case listed for 1st July, 2025 (top ten category) pending the Centre's report. No decision recorded on cancellation of bail.

Court No. - 13

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 4 of 2025

Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. And Another Counsel for Applicant :- Mohit Sharma,Vaibhav Sangam Mishra Counsel for Opposite Party :- G.A.,Abhishek Singh,Sanjana Chaturvedi

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant, learned A.G.A. for State and Ms. Sanjana Chaturvedi learned counsel for opposite party No.2 whose counter affidavit filed today is taken on record.

Learned counsel for applicant seeks cancellation of bail granted earlier to the opposite party No.2 vide order dated 5th December, 2024 in Criminal Misc. Bail Application No. 10795 of 2024. It is submitted that there was clear direction in bail order which was a condition also imposed that the opposite party No.2/applicant therein would repay an amount of Rs.23,74,000/- to the persons concerned which however has not been complied with till date.

Learned counsel for opposite party No.2 has refuted submissions advanced by learned counsel for applicant with submission that the operative portion of the bail order in fact indicates only the aspect that Rs.19 lacs was required to be repaid by the said applicant to the persons concerned. It is submitted that in pursuance of directions issued by this Court, the said amount has already been repaid to the persons from whom it was received by the answering opposite party.

There appears to be dispute between learned counsel for parties regarding the amount which was required to be repaid to the applicant.

Learned counsel for applicant however on the basis of instructions submits that the matter may be referred to Conciliation and Mediation Centre of this Court for appropriate action to be taken.

Learned counsel for opposite party No.2 does not have any objection with regard to same.

In view thereof, the bail application is referred to Conciliation and Mediation Centre of this Court. The applicant Amit Kumar and opposite party No.2, Premkala are required to be present before Conciliation and Medication Centre of this Court on 8th

May, 2025.

Office is directed to communicate a copy of this order alongwith copy of bail application and the bail order to the Conciliation and Mediation Centre of this Court.

List this case on Ist July, 2025 in top ten category as directed earlier. Report of the Conciliation Centre shall be submitted on or before next date of listing.

Order Date :- 1.5.2025 prabhat

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