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2025 DAILYLAW 15241 (ALL)

PRAMOD KUMAR BALIYAN v. STATE OF U.P. AND ANOTHER

BAILC/79/2020 · 2025-08-11

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136128 Reserved On:-04.08.2025 Delivered On:-12.08.2025 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 79 of 2020 Applicant :- Pramod Kumar Baliyan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Pramod Shukla Hon'ble Siddharth,J. 1. Heard Sri Harish Chandra Shukla, learned counsel for the applicant and Sri Promod Kumar Shukla learned counsel for the opposite party no.2 and learned AGA for the State. 2. This bail cancellation application has been filed by the learned counsel for the applicant praying for cancellation of bail order dated 30.02.2020 passed by Hon'ble Court in Criminal Misc. Bail Application No. 46139 of 2019 and cancel the bail order of the accused person/ opposite party no. 2 and also direct the court below to take him in custody in Case Crime No. 303 of 2018, under section 406, 420, 467, 468, 471 and 120-B at Police Station- Mawana, District- Meerut. 3. Learned counsel for the applicant submits that the bail was granted to the opposite party no.2 on 03.02.2020 without considering the correct facts only on the ground that a civil suit has been filed for recovery of the disputed amount disclosed in the F.I.R. It has been averred in paragraph no.17 of the affidavit in support of bail cancellation application that opposite party no.2 is threatening the applicant to withdraw the case. 4. In the counter affidavit filed on behalf of the opposite party no.2 the averment in paragraph no. 17 has been denied and it has been averred that no F.I.R. has been lodged by the applicant against any act of threatening done by the opposite party no.2. 5. After hearing the rival submissions, this Court finds that the bail cancellation application has been filed in the form of review of the merits of the order of bail granted to the opposite party no.2 on 03.02.2020 vide Criminnal Misc. Bail Application No. 46139 of 2019. There is no evidence on record to prove that the opposite party no.2 has misused the liberty of bail extended to him. 6. Accordingly, bail cancellation application is rejected. 7. Trial court is expected to conclude the trial as expeditiously as possible as per section 346 B.N.S.S. Order Date 12.08.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad