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2025 DAILYLAW 123248 (ALL)

MOHAMMAD AHMAD v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

BAILC/26/2025 · 2025-02-13

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9362 Court No. - 7 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 26 of 2025 Applicant :- Mohammad Ahmad Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the applicant-informant as well as learned A.G.A. 2. The present application has been filed seeking cancellation of bail granted to the accused-opposite party no.2 vide order dated 28.08.2024 in Case Crime No.513 of 2004 (S.T. No.362 of 2005), under Section 302 IPC, Police Station Khairabad, District Sitapur. 3. The submission of the Counsel for the applicant is that after being enlarged on bail, the accused threatened one of the witnesses, namely, Mohd. Farukh-P.W.2, who has been declared hostile. 4. In the light of the aforesaid, it is argued that after being enlarged on bail, the accused had persuaded P.W.-2 to turn hostile. There is no FIR or material to corroborate the said allegation. 5. The second submission of the Counsel for the applicant is that after being enlarged on bail, a complaint was got filed against the accused through a third person. Once again, the material is not enough to form a view that the accused has misused the liberty of bail and the bail granted to the accused should be cancelled. 6. In view of above, the bail cancellation application is rejected. Order Date :- 13.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench