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2025 DAILYLAW 151153 (ALL)

SUMITRA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 2 OTHERS

BAILC/76/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40934 Court No. - 14 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 76 of 2025 Applicant :- Sumitra Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This is an application for cancellation of bail granted to the accused/respondent Nos.2 & 3 by the learned sessions court vide order dated 27.01.2025 in Case Crime No.242 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Payagpur, District Bahraich. Learned counsel for the applicant submits that the accused/ respondent Nos.2 & 3 after being enlarged on bail by the learned sessions court are misusing the conditions of bail therefore, their bail application may be cancelled. Perused the record. From perusal of the record it appears that accused/respondent Nos.2 & 3 after being released from jail are threatening the complainant and witnesses, an application to this effect has already been given which is on record as Annexrue No.16 however, the applicant has an alternative remedy to move appropriate bail cancellation application before the learned Sessions Court, Bahraich for the said ground. At this stage, learned counsel for the applicant submits that he does not want to press this bail cancellation application rather seeks liberty to file bail cancellation application before the learned sessions court. With the aforesaid liberty, the application is dismissed as not pressed. However, it is provided that in case the applicant files bail cancellation application before the learned sessions court, the same shall be decided expeditiously. Order Date :- 17.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench