Neutral Citation No. - 2025:AHC:80805 Court No. - 88 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 219 of 2021 Applicant :- Sunil Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar Kushwaha,Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- Amit Singh,G.A.,Sunil Kumar Singh Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned counsel for the respondent No.2 and learned A.G.A. for the State- respondent and perused the material available on record. 2. In the instant Criminal Misc. Bail Cancellation Application, the counsel for informant has prayed for cancellation of bail granted to the respondent No.2 Smt. Sujata Verma vide order dated 19.03.2018 passed by trial court i.e. ACJM, Court No.9, Varanasi, in Complaint Case No.1002 of 2014, under Sections 452, 323, 504, 506 IPC, P.S. Cantt. Varanasi. 3. Learned counsel for the applicant submitted that after passing of said bail order by learned Magistrate, the respondent No.2 again assaulted his mother Vidya Devi wife of late Ram Murat Singh and pushed her on 21.03.2021, due to which she received injury on her chest and hand. The injured Vidya Devi herself lodged FIR at P.S. concerned against respondent No.2 after getting medical examination done on 22.03.2021, thus this FIR was lodged vide Case Crime No.199 of 2021, under Sections 323, 540, 506 IPC. In the said injury report dated 22.03.2021 one contusion swelling 2 cm x 2 cm on Lt. side of head 12 cm above the Lt. Arm. O/e tenderness Lt. shoulder joint and contusion on right side and no contusion was recorded by the doctor. In X-ray report of chest soft tissues swelling was seen. Therefore, the respondent No.2 misused the liberty of bail granted in complaint case in the year 2018 and again assaulted the victim Smt. Vidya Devi in the year 2021. 4. Per contra, learned counsel for the respondent No.2 submitted that in both the cases offences are punishable up to seven years imprisonment. The injuries sustained by mother of the applicant were found simple in nature. There is family dispute between mother-in-law (the injured) and daughter-in- law, the accused as the applicant is husband of respondent No.2 and there is matrimonial dispute between spouse. The application of cancellation of bail is liable to be dismissed, as there is no apprehension that respondent No.2 who is a woman is likely to influence the witnesses or tamper with the evidence in either of the cases registered against her at the instance of her husband and mother-in-law respectively. 5. Considering the rival submissions of learned counsel for the parties as well as the parameters of cancellation of bail laid down by Hon'ble Supreme Court in compliance order and nature of offence, which is in both the cases punishable with maximum terms of seven years of imprisonment, nature of the injuries which are simple in nature. I find no good ground for cancellation of bail. 6. With above observation, prayer for grant of cancellation of bail application in Complaint case vide order dated 19.03.2018 passed by learned ACJM, Court No.9, Varanasi is rejected. The applicant is at liberty to move appropriate application before the trial court, if he has any grievance on issue of misuse of liberty of bail on the part of respondent No.2. 7. Application for cancellation of bail is liable to be rejected. Order Date :- 15.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad