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2025 DAILYLAW 19854 (ALL)

MARKANDEY YADAV v. STATE OF U.P. AND ANOTHER

BAILC/85/2025 · 2025-05-16

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82184 Court No. - 6 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 85 of 2025 Applicant :- Markandey Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.,Rama Shankar Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Saurabh Kumar, learned counsel for applicant/complainant, learned AGA and Sri Rama Shankar Mishra, learned counsel for opposite party- 2/accused. 2. In present case, accused/opposite party-2 was granted bail by an order dated 31.07.2024 by Trial Court with certain conditions. 3. Complainant thereafter filed an application for cancellation of bail, however, it appears that it was mainly on merit of case and not on any violation of conditions. Said application was rejected vide order dated 09.12.2024. No application is filed by present applicant for cancellation of bail mainly on a ground that conditions of bail are violated. 4. Learned counsel for applicant/complainant submits that accused is still violating conditions of bail, however, since it was never stated before trial Court, therefore, Court cannot consider said submission at this stage. 5. Learned counsel for opposite party-2/accused assures that accused shall appear on each and every date before trial Court and he will not seek any adjournment. Learned counsel has also ensured that any exemption, if required, without specific reason, it may be a ground for trial Court to cancel the bail. 6. Considering aforesaid submissions, since there is no ground to cancel bail as it was not stated before trial Court, therefore, prayer made in this application cannot be considered. 7. Still, applicant/complainant has always liberty to approach trial Court in case accused commits violation of any condition of bail. 8. Court also takes note of assurance given by learned counsel for accused, therefore, this application is disposed of with an observation that in case there is violation of any condition of bail and it is brought on record or brought into notice of trial Court, it would be a ground to immediately cancel his bail. Order Date :- 17.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad