Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 26940 (ALL)

GAURAV MISHRA @ MAYANK MISHRA v. STATE OF U.P. AND ANOTHER

BAILC/113/2025 · 2025-03-23

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:43184 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 113 of 2025 Applicant :- Gaurav Mishra @ Mayank Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Yadav,Ravindra Nath Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravindra Nath Yadav, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed to cancel the bail granted to O.P. No. 2 in Case Crime No. 233 of 2014, under Sections 306, 506 IPC, P.S.- Rail Bazar, District- Kanpur Nagar by the court concerned. 3. Learned counsel for the applicant submitted that this is the bail cancellation application filed on behalf of applicant, who is informant of the case, with a prayer to cancel the bail granted to O.P. No.2 by the court concerned. He further submitted that court concerned wrongly granted bail to O.P. No.2 and it appears, as per the nature of allegation levelled against O.P. No.2, he ought not to be released on bail. He further submitted that therefore, bail granted to O.P. No.2 be cancelled. 4. Per contra, learned AGA opposed the prayer for bail cancellation and submitted that with a detailed order O.P. No.2 was enlarged on bail and applicant could not bring any good ground on the basis of which, bail granted to O.P. No.2 be cancelled, therefore, the instant bail cancellation application should be dismissed. 5. I have heard learned counsel for the parties and perused the record of the case. 6. From the record, it reflects, O.P. No.2 was enlarged on bail by the court concerned vide order dated 01.11.2022 and after more than two years, the instant bail cancellation application has been filed and learned counsel for applicant could not bring any good reason, on the basis of which, bail granted to O.P. No.2 can be cancelled. Considering all these facts, this Court finds merit in the argument advanced by learned AGA that there is no merit in the instant bail cancellation application. 7. Further, law is settled that it is easy to reject a bail application but it is very difficult to cancel a bail already granted to an accused and for cancellation of bail, very cogent and over-whelming reasons are necessary but in the present matter, I do not find any such cogent and over-whelming reason, on the basis of which bail granted to O.P. No. 2 may be cancelled. 8. Therefore, in my view, the instant bail cancellation application is devoid of merits and is accordingly, dismissed. Order Date :- 24.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad