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2025 DAILYLAW 136841 (ALL)

RAVI SHANKAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

BAILC/54/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24513 Court No. - 15 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 54 of 2025 Applicant :- Ravi Shankar Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Alok Pandey,Amit Pandey,R.U. Pandey,Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Alok Pandey, learned counsel for the applicant and learned A.G.A. for opposite party no.1. 2. This is an application seeking cancellation of order dated 22.05.2024 passed by this Court in Criminal Misc Bail Application No.2829 of 2024 whereby opposite party no.2 was enlarged on bail in Case Crime No.209 of 2023, under Sections 302, 120-B 201 IPC, Police Station Tarun, District Faizabad/Ayodhya after taking into consideration all the relevant facts and circumstances of the case. 3. The cancellation of the aforesaid order has been sought on the ground that Gulshan Jahan, mother of opposite party no.2, has filed an application under Section 175 BNSS against the applicant, who is informant of Case Crime No.209 of 2023, stating that while she was returning from taking medicine at about 4.00 p.m. on 06.10.2023 the applicant had hit her from his motorcycle causing a fracture in her left shoulder. She stated that the applicant had deliberately hit her from his motorcycle due to old property dispute between the parties. The Magistrate had called for a report on the aforesaid application and the Inspector of Police Station Tarun District Ayodhya has submitted a report dated 17.09.2023 stating that the allegations levelled in the application under Section 175 BNSS are false and the complaint has been filed to put pressure on the applicant, who is informant in Case Crime No.209 of 2023. 4. The Court put a question to the learned counsel for the applicant as to whether the police can conduct an investigation and exonerate a person without registering a case merely upon an application under Section 175 BNSS having been filed in the court of Magistrate and a report having been sought thereon from the police, to which learned counsel for the applicant could not give any reply. 5. Learned counsel for the applicant has next submitted that the applicant has lodged an FIR No.34 of 2025 against the opposite party no.2 stating that he is putting pressure on the applicant for entering into a settlement in Sessions Trial No. 297 of 2023, arising out of Case Crime No.209 of 2023 and they keep on racking the applicant's house which can be seen in the footage of CCTV Camera installed on the applicant's house. He further stated that while the applicant was returning from his village home on 07.03.2025, the opposite party no.2 stopped and asked him to withdraw the case and he threatened him. 6. No particulars regarding the time and exact place of the incident has been mentioned in the FIR No.34 of 2025. 7. In Rabia vs. State of U.P.; 2024 AHC LKO 61163, this Court has observed that the Court is observing a trend nowadays that after grant of anticipatory bail/bail, the informant has lodged fresh FIR/complaint to create a ground for cancellation of anticipatory bail/bail. 8. In the present case, allegations levelled in the FIR No.34 of 2025 are such, as cannot be verified from any other material. It appears that FIR No.34 of 2025 has been lodged to create a ground for moving an application for cancellation of order dated 22.05.2024 granting bail to the opposite party no.2. There appears to be no good ground to cancel the order dated 22.05.2024. 9. The application lacks merit and is hereby rejected. Order Date :- 29.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench