SHIVAJ KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
BAILC/96/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163091 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 96 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Rajjab Ali, learned counsel for the applicant and Sri Avishesh Kumar Singh, learned AGA for the State.
2. This is an application seeking cancellation of order dated 08.04.2024 passed by a coordinate bench of this Court in Criminal Misc. Bail Application No. 3866 of 2024.
3. By the said order the opposite party no. 2 was granted bail inter alia subject to the condition that he would pay Rs. 3,43,500/- to the informant/ victim within a period of six months from the date of his release.
4. Learned counsel for the applicant has submitted that this condition has been violated by the opposite party no. 2.
5. In Shane George Dsouza v. State of NCT of Delhi: 2023 SCC OnLine SC 1940, the Hon'ble Supreme Court reiterated that it has repeatedly held that the condition of deposit of amount cannot be a condition of bail.
6. In Gajanan Dattatray Gore v. State of Maharashtra, 2025 SCC OnLine SC 1571, the Hon'ble Supreme Court has held that no court shall grant bail to an accused person on the condition of payment of Versus Counsel for Applicant(s) : Rajjab Ali, Halimullah, Prakhar Pandey Counsel for Opposite Party(s): G.A. Shivaj Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
any money.
7. Accordingly, the condition of payment of money could not have been put in the bail order and violation of the said condition would not make the bail order liable to be cancelled.
8. The bail cancellation application is rejected. September 8, 2025 Pradeep/- BAILC No. 96 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench