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2025 DAILYLAW 109907 (ALL)

AMARKANT GHOSH v. STATE OF U.P. AND ANOTHER

BAILC/591/2024 · 2025-05-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75956 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 591 of 2024 Applicant :- Amarkant Ghosh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhushan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chandra Bhushan Yadav, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail cancellation application has been filed with a prayer to cancel the bail of opposite party no.2 granted by this Court vide order dated 25.01.2023 in Case Crime No. 166 of 2022, under Sections 420, 467, 468, 471, 323, 504, 506, 120B IPC, Police Station Maharajpur, District Kanpur Nagar. 3. Learned counsel for the applicant submits, this is the bail cancellation application and applicant is the informant of the case and instant bail cancellation application has been moved on the ground that after released on bail opposite party no.2 is continuously threatening the applicant and in this regard applicant filed a criminal complaint against her, in which, she has been summoned on 24.09.2024. 4. He next submits, as opposite party no.2 is misusing the liberty of bail granted to her, therefore, her bail, earlier granted by this Court, be cancelled. 5. Per contra, learned AGA opposed the prayer for cancellation of bail and submitted that however opposite party no.2 has been summoned in a complaint case and as per allegation she threatened the applicant after released on bail but merely on the basis of such allegation, it is not proper to cancel the bail granted to her. Learned AGA further submitted that even opposite party no.2 is a lady. 6. I have heard learned counsel for the parties and perused the record of the case. 7. This is bail cancellation application and same has been filed on the ground that after released on bail opposite party no.2 threatened the applicant and in this regard applicant filed a criminal complaint against her on 24.09.2024 and she has been summoned under Section 323, 506 IPC but this Court is of the view that merely on the basis of this fact, bail granted to opposite party no.2 should not be cancelled as it is very easy to make such allegation. 8. 8. Further, law is settled that it is easy to reject the bail application but it is very difficult to cancel the bail already granted and for cancellation of bail there must be very cogent and overwhelming reasons. 9. Further, opposite party no.2 is a lady too. 10. Therefore, considering the facts and circumstances of the case discussed above, the instant bail cancellation application is devoid of merits and is liable to be rejected. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail cancellation application is rejected. Order Date :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad