HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 121 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Nalin Arora, learned counsel for the applicant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State. 2. The cause list shows the names of Shri Manoj Kumar Mishra, Shri Pankaj Kumar and Shri Ramakant Sahu, learned counsels on behalf of the opposite party No.2 but neither of them is present to assist the Court and nor any request has been made on their behalf for adjournment of the case. 3. On the last occasion, when the matter was listed on 01.08.2025, the case was adjourned on the illness slip of learned counsel for the opposite party No.2 and while accepting the request of adjournment the Court had made it clear that on the next date, the matter may not be adjourned on the illness slip of the learned counsel for the private opposite party. 4. As none of the three counsels shown on behalf of the opposite party No.2 have put in appearance before this Court and neither any request for adjournment of the case has been made on their behalf, the Court proceeds to decide the application after hearing the learned counsel for the applicant and the learned A.G.A. for Versus Counsel for Applicant(s) : Nalin Arora, Anubhav Singh, Shivam Pandey, Vrishank Pathak Counsel for Opposite Party(s) : G.A., Manoj Kumar Mishra, Pankaj Kumar, Ramakant Sahu Smt. Rekha .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another .....Opposite Party(s) the State. 5. By means of the instant application, the applicant is seeking cancellation of the order dated 03.11.2022 passed by a Co- ordinate Bench of this Court in Bail Application No.12495 of 2022, whereby the opposite party No.2 has been granted bail in Case Crime No.515 of 2021, under Sections 406, 420, 467, 468, 471 & 120B I.P.C., P.S. Sarojini Nagar, District Lucknow. 6. The aforesaid case was registered on the basis of an F.I.R. lodged by the applicant / complainant against the opposite party No.2 and his father Hulasi on 09.10.2021, stating that co-accused Hulasi is uncle of the applicant / complainant, he got a forged death certificate of the applicant's mother prepared in connivance with the opposite party No.2 and got his name mutated in the revenue records and thereafter, he mortgaged land of the applicant's mother although the applicant's mother had executed a will dated 22.10.1999 in favour of the applicant and her sister. The litigation in this regard is already pending. On 28.10.2021, the father of the opposite party No.2 co-accused Hulasi executed a sale deed in respect of the land in question in favour of Expressways Industrial Development Authority. 7. The opposite party No.2 was granted bail subject to certain conditions including the specific condition that he will not misuse the liberty of bail during trial and he will not intimidate / pressurize any witness. 8. A prosecution witness Rajendra Prasad Gaud has lodged an F.I.R. No. 204 of 2023 in Police Station Bandra, Commissionerate Lucknow for offences under Section 323, 342, 504, 506 I.P.C. against two named persons, including the opposite party No.2 Rakesh, and two other persons, stating that the accused persons threatened and beat him up, restraining him to give any statement in connection with the present case. 9. The allegations levelled in the F.I.R. No.204 of 2023 have been established during the investigation and a charge sheet has been submitted on 28.07.2023 and the trial court has taken cognizance of the offence. BAILC No. 121 of 2024 2 10. The learned counsel for the applicant has submitted that as the allegations levelled in the F.I.R. lodged by the prosecution witness have been established during the investigation, it is established that the opposite party No.2 is misusing the liberty of bail granted to him by an order dated 03.11.2022 and he is threatening a witness in the present case. 11. Nobody is present on behalf of the opposite party No.2 to refute this allegation in spite of a stop order passed on the previous date. 12. In these circumstances, the bail cancellation application is allowed. The order dated 03.11.2022 passed by a Co-ordinate Bench of this Court in Bail Application 12495 of 2022 is cancelled. The opposite party No.2 is directed to appear before the trial court and surrender to judicial custody on 06.10.2025, failing which, the police shall take him into custody. September 22, 2025 S. Shivhare BAILC No. 121 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench