Neutral Citation No. - 2025:AHC:13859 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 560 of 2024 Applicant :- Ajay Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mirza Faheem Beg, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking set aside the bail granted to O.P. No. 2 vide order dated 27.09.2024 passed by learned Sessions Judge, Prayagraj in Bail Application No. 4569 of 2024(Vivek Patel vs. State of U.P.) arising out of case crime no. 53 of 2024 under Sections 147, 323, 504, 506, 325, 308 IPC, P.S.- Karchhana District- Prayagraj. 3. Learned counsel for the applicant submitted that applicant is informant of the case and he filed the instant bail cancellation application to cancel the bail granted by the court concerned to O.P. No.2 on the ground that by concealing material facts that he was not having criminal history to his credit, he obtained bail from the court concerned. He further submitted that apart from the present case, O.P. No.2 has also been made accused in several other cases and FIR of one such case has been annexed at page no. 80 of the paper book. 4. He further submitted that even after released on bail in the present matter, O.P. No.2 is continuously threatening the applicant i.e. informant of the case and in this regard, applicant has lodged a FIR against him under Sections 352-351(2) BNS and therefore, O.P. No.2, not only after concealing material facts obtained bail but he also misused the liberty of bail granted to him, therefore, bail granted to him by the court concerned should be cancelled. 5. Learned AGA also submitted that as O.P. No.2 is misusing the liberty of bail granted by the court concerned and it appears that he was also having criminal history, therefore, bail granted to him may be cancelled. 6. I have heard both the parties and perused the record of the case. 7. This is the bail cancellation application filed on behalf of informant of the case with a prayer to cancel the bail granted to O.P. No.2 by the court concerned on two grounds:- (a) apart from the present case, O.P. No.2 is also having criminal history of several other cases to his credit and he concealed this fact, (b) after released on bail, he is continuously threatening the informant. 8. Applicant, however, in paragraph no. 17 of the affidavit stated that apart from the present case, O.P. No. 2 is having criminal history of number cases to his credit but along with the instant bail cancellation application, he filed only one FIR relates to offense under Sections 147, 323 IPC and merely on this basis, it cannot be said that O.P. No. 2 was hardened criminal and he concealed very material facts. 9. Further, however, along with the instant bail cancellation application, another FIR has been annexed, which was lodged by the applicant against O.P. No.2 and as per the FIR, after released on bail, O.P. No.2 is continuously threatening him but in considered view of this court, merely on the basis of such application, bail granted to O.P. No.2 should not be cancelled. 10. Law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted to an accused and for cancellation of bail, very cogent and over-whelming reasons must be present on record but in the present matter, I do not find any such cogent and over-whelming reason, on the basis of which bail granted to O.P. No. 2 may be cancelled. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, the instant bail cancellation application is devoid of merits and is accordingly, dismissed. Order Date :- 27.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad