Phireram vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Phireram vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim/procedural order only: notice issued to opposite party no.2 (Subodh) returnable by the next date fixed; three weeks' time granted to learned A.G.A. and opposite party no.2 to file counter affidavit; learned A.G.A. directed to seek specific instructions on the averments in paragraph nos. 12-15 of the affidavit accompanying the application; matter listed on 27.10.2025. The bail cancellation application remains pending.

Issue for consideration

Whether the bail granted to accused-opposite party no.2 Subodh vide order dated 29.04.2024 in Criminal Misc. Bail Application No. 24561 of 2023 ought to be cancelled on the allegations that after enlargement on bail he threatened the informant and his family members and violated the bail condition not to threaten the prosecution witnesses/victim/informant.

Ratio / Principle

The Court opined that notice be issued to opposite party no.2, returnable by the next date fixed; learned A.G.A. and opposite party no.2 were granted three weeks' time to file counter affidavit; matter listed on 27.10.2025.

Key takeaways

Sri Rajendra Singh, learned A.G.A. for the State was directed to seek specific instructions with regard to the averments made in paragraph nos. 12, 13, 14, 15 of the affidavit accompanying the bail cancellation application.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) - Criminal Misc. Bail Cancellation Application No. 93 of 2025 filed by the informant Phireram seeking cancellation of bail granted to accused Subodh (opposite party no.2) vide order dated 29.04.2024 in Criminal Misc. Bail Application No. 24561 of 2023, arising out of Case Crime No. 137 of 2022 under Sections 364, 302, 201, 120-B, 34 I.P.C. Grounds urged: after enlargement on bail the accused threatened the informant and his family; FIR in Case Crime No. 262 of 2024 under Section 506 I.P.C.; further incident of 10.10.2024 followed by FIR dated 12.12.2024 in Case Crime No. 740 of 2024 under Sections 115(2), 352 of B.N.S.; and breach of the bail condition that he shall not threaten the prosecution witnesses/victim/informant. Learned A.G.A. did not dispute the submissions. The case stands expedited by the Hon'ble Apex Court. The Court issued notice to opposite party no.2 returnable by the next date fixed, granted three weeks to the A.G.A. and opposite party no.2 to file counter affidavits, directed the A.G.A. to seek specific instructions on the averments in paragraph nos. 12-15 of the supporting affidavit, and listed the matter on 27.10.2025. Interim/procedural order; final decision on cancellation reserved.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 93 of 2025

Phireram

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Dharmendra Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 70

HON'BLE DR. GAUTAM CHOWDHARY, J.

This is the bail cancellation application moved on behalf of the informant Phireram for cancelling the bail granted to the accused-opposite party no.2 namely, Subodh by this Court vide order dated 29.04.2024 in Criminal Misc. Bail Application No. 24561 of 2023 arising out of Case Crime No. 137 of 2022 under Sections 364, 302, 201, 120-B, 34 I.P.C.

Learned counsel for the informant-applicant has contended that the accused-opposite party no.2 after being enlarged on bail by this Court started giving threatening to the applicant and during the trial the opposite party no.2 and two others abused and threatened to kill the brother and nephew of the informant-applicant. In this regard, the informant-applicant lodged a first information report against the opposite party no.2 and two others in Case Crime No. 262 of 2024 under Section 506 I.P.C. Learned counsel further submits that again on 10.10.2024 the opposite party no.2 stopped the brother of the applicant and threatened him not to do pairvi of the case on resistance, his brother was beaten and abused. With regard to such incident, a first information report dated 12.12.2024 was lodged in Case Crime No.740 of 2024 under Section 115(2), 352 of B.N.S. Learned counsel has also argued that while granting bail to the accused-opposite party no.2 certain conditions were imposed upon him in which, one of the condition was to the effect that he shall not threaten the prosecution witnesses/victim/informant but the applicant has violated the condition as such the bail granted to the accused-applicant is liable to be cancelled.

BAILC No. 93 of 2025

2

Learned A.G.A. could not dispute the submissions advanced by learned counsel for the applicant.

Heard learned counsel for the applicant, Sri Rajendra Singh, learned A.G.A. and perused the material on record.

This case is expedited by Hon'ble Apex Court.

Keeping in view the submissions advanced by learned counsel for the applicant as well as learned A.G.A. for the State, this Court is of the opinion that notice be issued to the opposite party no.2.

Accordingly, issue notice to opposite party no.2 returnable by the next date fixed.

Learned A.G.A. as well as opposite party no.2 are granted three weeks time to file counter affidavit.

List on 27.10.2025.

Sri Rajendra Singh, learned A.G.A. for the State is also directed to seek specific instructions with regard to averments made in paragraph nos. 12, 13, 14, 15 of the affidavit accompanying the bail cancellation application.

Let a copy of this order be provided to Sri Rajendra Singh, learned A.G.A. for the State for necessary compliance.

(Dr. Gautam Chowdhary,J.)

September 24, 2025 S.Ali

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad