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2025 DAILYLAW 156667 (ALL)

X/VICTIM/COMPLAINANT OF CASE CRIME NO. 824/2024 PS P.G.I. DISTT. LKO. v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

BAILC/89/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47019 Court No. - 13 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 89 of 2025 Applicant :- X/Victim/Complainant Of Case Crime No. 824/2024 Ps P.G.I. Distt. Lko. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dharmendra Raiquar,Pawan Kumar,Seema Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dharmendra Raiquar, the learned counsel for the applicant, Shri Ashok Kumar Srivastava, the learned A.G.A. for the State and perused the records. 2. The present application has been filed seeking cancellation of an order dated 23.04.2025 passed by this Court in Crl. Misc. Bail Application No.1524 of 2025 whereby the opposite party No.2 was ordered to be released on bail in Case Crime No.824 of 2024 under Section 64, 351(3), 316(2) B.N.S. relating to Police Station- P.G.I., District- Lucknow. 3. The learned counsel for the applicant has submitted that having granted bail by this Court, the opposite party No.2 is not co-operating with the proceedings of trial and he has not appeared before the trial Court on any single date. In support of this contention, copies of orders passed by the trial Court on 06.06.2025 and 30.06.2025 has been annexed with the bail cancellation application. 4. In the order dated 06.06.2025, it is recorded that the Presiding Officer was on leave on the said date. The order dated 30.06.2025 merely states that the accused person was absent but it does not state anything about presence of anyone on behalf of prosecution and the case was simply adjourned. On the one hand, the learned counsel for the applicant has contended on the basis of order sheet of the trial Court that the accused person has not appeared before the trial Court on any single date while on the other hand, it has been alleged in para-20 of the bail cancellation application that the opposite party No.2 has started assaulting the applicant in the court room and thus, he is misusing the liberty. 5. Both the aforesaid contentions are self contradictory and both have been verified to be true in the affidavit filed by the applicant, on the basis of applicant's personal knowledge. 6. In view of the foregoing discussion, it appears that the applicant has merely cooked-up a story to make a ground for cancellation of bail granted to the opposite party No.2. 7. There appears no good ground for cancelling the order dated 23.04.2025 passed by this Court in Crl. Misc. Bail Application No.1524 of 2025, which is a detailed order having been passed after taking into consideration all the relevant aspects of the matter. 8. The bail cancellation application lacks merit and the same is hereby dismissed. . [Subhash Vidyarthi, J.] Order Date :- 12.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench