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2025 DAILYLAW 170012 (ALL)

DEEPAK PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

BAILC/166/2024 · 2025-01-03

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Judgment text

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Court No. - 14 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 166 of 2024 Applicant :- Deepak Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prabhat Kumar Upadhyay,Nawab Ahmad Khan,Rajjab Ali Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. This bail cancellation application has been moved by the victim Jyoti Gupta and son of another victim Smt. Sunita Devi, namely, Deepak Pal requesting this Court to cancel the facility of bail granted to the respondent no.2, vide order of this Court dated 2.4.2024 passed in Crl. Misc. Bail Application No. 3452 of 2024 on the ground that the respondent no.2 has failed to comply the condition no. (i) of the bail order, whereby he was directed to pay Rs. 2,56,83,500/- to the informant and other victims in the proportion of their shares. 2. Having regard to the order intended to be passed the service of notice on respondent no.2 is hereby dispensed with. 3. Having heard learned counsel for the applicant as well as the learned AGA for the State, it is transpired that the condition no. 'i', the violation of which is being pressed before this Court for cancellation of facility of bail granted to the respondent no.2 was pertaining to the fact that respondent no.2 shall pay to the informant and other victims Rs. 2,56,83,500/- in the proportion of their shares for which they have been defrauded with the stipulation that in default of this condition alone it would be sufficient for the trial court to cancel the facility of bail granted by this Court. 4. On being controverted as to whether any bail cancellation application has been moved before the trial court, it is replied by learned counsel for the applicant that no such application has been moved yet. 5. The condition no. 'i' of the bail order dated 2.4.2024 is loud and clear and it is in terms that if there is any violation of this condition, e.g. condition no.'i' it would be justified for the trial court to cancel the facility of bail granted to the respondent no.2. 6. Thus, without discussing the merit of the application any further the instant bail cancellation application is disposed of in terms that applicants (victims) within 15 days from today may move an application for cancellation of bail before the trial court and the trial court after providing an opportunity of being heard to the parties, including accused, would dispose of the same, strictly in accordance with law keeping in view the condition no. 'i' of bail order dated 2.4.2024. Order Date :- 3.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench