Shailendra Kumar Agarwal vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

Shailendra Kumar Agarwal vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the bail granted to opposite party no.2 by order dated 6.12.2021 in Criminal Misc. Bail Application No.38236 of 2021 should be cancelled, on the applicant's allegation that after obtaining bail the opposite party no.2 began harassing and threatening the applicant.

Court's answer

Cancellation of bail can be ordered only on stronger grounds: bail already granted should not be cancelled unless the order granting bail is arbitrary, illegal and perverse, or the accused is interfering with the course of justice by tampering with evidence; the power to cancel bail is to be exercised with caution and great circumspection in appropriate cases.

Ratio / Principle

Learned counsel for the applicant could not show any cogent and overwhelming circumstances for cancellation of the bail granted to opposite party no.2.

Key takeaways

Considering the facts and circumstances of the case and the well settled legal principles regarding cancellation of bail once granted, the Court did not find any ground to cancel the bail of the accused-opposite party no.2.ratio¶11

Detailed headnote1 paragraphs

Criminal Misc. Bail Cancellation Application No. 442 of 2024, Allahabad High Court (Court No. 35), decided 8.1.2025 by Hon'ble Shekhar Kumar Yadav, J. — REJECTED. Applicant Shailendra Kumar Agarwal sought cancellation of bail granted to opposite party no.2 vide order dated 6.12.2021 in Criminal Misc. Bail Application No.38236 of 2021 (Case Crime No.0028 of 2021, Ss. 419, 420, 406, 467, 468, 471, 506 IPC, PS Bhelupur, Varanasi), alleging post-release harassment and threats; cross-FIRs existed (Case Crime No.85 of 2021 u/S 507 IPC lodged by applicant, trial ongoing; Case Crime No.118 of 2023 lodged by opposite party no.2, final report filed in applicant's favour on 3.7.2024). The Court held that bail once granted can be cancelled only on stronger grounds — where the grant is arbitrary, illegal and perverse or the accused interferes with justice by tampering with evidence — exercising the power with caution and circumspection; counsel could show no cogent and overwhelming circumstances; accordingly the application was rejected.

Neutral Citation No. - 2025:AHC:3358

Court No. - 35

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 442 of 2024

Applicant :- Shailendra Kumar Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard Mr. Atharva Dixit, learned counsel for the applicant and learned Additional Government Advocate for the State.

This is an application for cancellation of bail granted to opposite party no.2 vide order dated 6.12.2021 passed by this Court in Criminal Misc. Bail Application No.38236 of 2021 pertaining to Case Crime No.0028 of 2021, under Sections 419, 420, 406, 467, 468, 471, 506 IPC, Police Station- Bhelupur, District- Varanasi.

Submission of learned counsel for the applicant is that the opposite party no.2 after getting bail has started harassing and threatening to the applicant and in this regard, the applicant has lodged an FIR against the opposite party no.2 on 12.2.2021 bearing Case Crime No.85 of 2021, under Section 507 IPC in which charge sheet has also been filed on 20.3.2021 and trial is going on. Learned counsel for the applicant further submits that the opposite party no.2 has also lodged an FIR against the applicant on 23.3.2023 bearing Case Crime No.118 of 2023, under Sections 420, 406, 468, 386, 504, 506 IPC in which final report has also been submitted in favour of the applicant on 3.7.2024.

The law with regard to cancellation of bail has been well settled by a catena of judgements holding that cancellation of bail can be ordered only on stronger grounds and bail already granted should not be cancelled unless it appears that the order granting bail is arbitrary, illegal and perverse or if the accused is interfering with the course of justice by tampering with the evidence. It is also trite law that the power to cancel bail has to be exercised with caution and great circumspection in appropriate cases.

Learned counsel for the applicant could not show any cogent and overwhelming circumstances for cancellation of bail granted to opposite no. 2.

Considering the facts and circumstances of the case and the well settled legal principles regarding cancellation of bail once granted, this Court does not find any ground to cancel the bail of the accused-opposite party no.2.

Accordingly, the bail cancellation application is rejected .

Order Date :- 8.1.2025 Krishna*

Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad