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Allahabad High Court · body

2025 DAILYLAW 169650 (ALL)

X X X X X IN CASE CRIME NO. 0106/24 v. STATE OF U.P.THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

BAILC/164/2024 · 2025-01-15

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2474 Court No. - 7 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 164 of 2024 Applicant :- X X X X X In Case Crime No. 0106/24 Opposite Party :- State Of U.P.Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard the applicant in person. 2. Present application has been filed seeking cancellation of bail granted to the accused/respondent no.2 vide order dated 08.05.2024 passed in Criminal Misc. Bail Application No.4948 of 2024 in connection with FIR/Case Crime No.0106 of 2024, under Section 376, 313, 323, 504, 506 of IPC, P.S. Gudamba, District Lucknow. 3. The main contention of the applicant is that after the bail was granted, the accused threatened the witness and had tried to persuade the witness in not supporting the prosecution for which an FIR being FIR No.0364 of 2024, under Section 72, 351(2) of BNS, P.S. Khero, District Rae Bareli was also lodged. 4. It is further argued that certain photographs were made viral from the mobile of the accused. It is also argued that subsequently also the accused had threatened the victim with dire consequences, however, there is no FIR to that effect. 5. Considering the main submission of the applicant that the accused after being enlarged on bail are trying to counter the course of trial and according to the applicant, the conditions of the bail are not being followed, the present bail cancellation application is dismissed giving liberty to the applicant to approach the trial Court concerned for protection of the witnesses. The trial Court shall, if deem necessary, grant necessary protection to the witnesses. 6. In case the accused does not cooperate with the trial, the applicant would be at liberty to file a fresh bail cancellation application, if she so desires. Order Date :- 15.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench