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Neutral Citation No. - 2025:AHC:15886 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 452 of 2024 Applicant :- State of U.P. Opposite Party :- Sonu Alias Mohammad Aashkar Counsel for Applicant :- Ashutosh Kumar Sand Hon'ble Sameer Jain,J.
1. This is bail cancellation application filed by the State. 2. Heard Sri Vijay Kumar, learned AGA-I, for the State. 3. Learned AGA submits that opposite party is a Gangster and he has been challaned in the present matter on the basis of two cases shown in the gang chart.. 4. He further submits that case relates to Case Crime No. 992 of 2021 was under Section 147,148, 149 and 307 IPC and case relates to Case Crime No. 993 of 2021 was under the provisions of Cow Slaughter Act but in spite that court concerned granted bail to opposite party by ignoring the provisions of Section 19(4) U.P.Gangsters Act and therefore, bail granted to opposite party be cancelled. 5. I have heard learned AGA, for the State and perused the material available on record. 6. From the record it reflects that on the basis of two cases which were of the year 2021, opposite party has been challaned under the provisions of U.P.Gangsters act in the year 2023, therefore, it appears that after two years he has been made accused in the present matter. 7. Further, however, from the record it reflects that out of two cases one case is of Section 307 IPC but it appears that it is a case
of Police encounter case in which, however, two accused persons sustained injuries but none of the police personnel sustained any injury. 8. Further, other case was under the provisions of Cow Slaughter Act and merely due to this reason bail granted to opposite party cannot be cancelled. 9. Further, law is settled, it is easy to reject the bail application but it is very difficult to cancel the bail already granted and for cancellation of the same, very cogent and overwhelming reasons are necessary, which in view of this Court, are totally missing in the present matter. 10. Further, State filed the instant bail cancellation application in the year 2024, i.e., after more than a year. 11. Therefore, from the discussions made above, the bail cancellation application filed by the State is devoid of merit and is accordingly, dismissed.
Order Date :- 5.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad