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Neutral Citation No. - 2025:AHC:16580 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 60 of 2025 Applicant :- Anish Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anita Singh,Dharam Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Ms. Anita Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail cancellation application has been filed with a prayer to cancel the bail granted to pposite party no.2 in Case Crime No. 315 of 2024, under Sections 65(1), 351(3) B.N.S. and Section 3/4(2) POCSO Act, Police Station Syana, District Bulandshahar during pendency of the trial. 3. Learned counsel for the applicant submitted that this is the bail cancellation application and applicant is the informant of the case and the instant bail cancellation application has been filed to cancel the bail granted to opposite party no.2 by this Court mainly on the ground that after released on bail opposite party no.2 threatened the informant (applicant) on 18.11.2024 and in this regard on 19.11.2024 applicant lodged a FIR against him, therefore, he not only flouted the condition of bail granted to him but he also misused the liberty of bail, therefore, bail granted to opposite party no.2 be cancelled. 4. Per contra, learned AGA opposed the prayer for cancellation of bail and submitted however from Annexure-10 to the affidavit, it reflects that on 19.11.2024 applicant i.e. informant of the case lodged FIR against opposite party no.2 with regard to threatening but merely on the basis of such allegation it is not proper to cancel the bail granted to opposite party no.2. 5. Learned AGA further submitted that if such contention has been
accepted by this Court then this Court will open Pandora's box, therefore, instant bail cancellation application should be dismissed. 6. I have heard learned counsel for the parties and perused the record of the case. 7.
This is the bail cancellation application filed by the informant i.e. applicant on the ground that after released on bail opposite party no.2 misused the liberty granted to him and in this regard informant lodged FIR against him but this Court finds merit in the argument advanced by learned AGA that merely on the basis of such vague allegation of threatening, the bail earlier granted should not be cancelled and if on such vague allegation bail granted to opposite party no.2 is cancelled then this Court will open Pandora's box. 8. Further, law is settled that it is easy to reject the bail but it is very difficult to cancel the bail already granted and for cancellation of bail very overwhelming and cogent circumstances should be available on record, which are totally missing in this case. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, the instant bail cancellation application is devoid of merit and is hereby dismissed. Order Date :- 5.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad