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2025 DAILYLAW 14494 (ALL)

VIRENDRA SINGH v. STATE OF U.P. AND ANOTHER

BAILC/111/2023 · 2025-09-14

Harvir Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 111 of 2023 Court No. - 87 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed by the applicant/informant seeking cancellation of bail granting to the accused / opposite party no. 2 by the learned Sessions Judge, Moradabad, vide order dated 19.12.2022. 3. Learned counsel for the applicant / informant has submitted that the opposite party no. 2 / accused has suppressed the material fact that there were two cases pending against him and hence was having criminal history. No other ground has been raised by learned counsel for the applicant while seeking cancellation of the said bail. 4. On the other hand, learned A.G.A. has submitted that whatever information was available at the time of hearing of bail application was submitted before learned Sessions Judge and even learned counsel for informant was also present at the time of hearing of the bail application before learned Sessions Judge, Moradabad. 5. Having regard to the fact that there were two cases pending against the opposite party no. 2, who sought bail before the Court of Session, learned counsel for the informant was also present and therefore, onus cannot be shifted to the prosecution that opposite party no. 2 was having criminal history. No other ground has been assailed by learned counsel for the Versus Counsel for Applicant(s) : Harish Kumar Yadav, Krishna Gopal Yadav Counsel for Opposite Party(s) : Anita Singh, G.A., Mohammad Vasil Siddiqui, Mustaqeem Ahmad Virendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant for seeking cancellation of bail. 6. It is matter of record that applicant / informant herein was also been heard at the time of hearing of bail application before learned Sessions Judge, which is evident from paragraph 4 of the bail order dated 19.12.2022 passed by learned Sessions Judge, Moradabad and hence the same is not a ground to cancel the bail herein. 7. However, it is open to the informant that in case of breach of any of the conditions imposed by learned Sessions Judge, while granting the bail, the informant is at liberty to seek appropriate remedy, however, the application for cancellation of bail is devoid of merits and is accordingly dismissed. September 15, 2025 Faridul BAILC No. 111 of 2023 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad