Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127959 Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 118 of 2025 Applicant :- Himanshu Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Maurya,Sitaram Yadav,Vinod Kumar Singh Counsel for Opposite Party :- Farhan Khan,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sitaram Yadav, learned counsel for the applicant, Sri Farhan Khan, learned counsel for the informant and Sri Susheel Kumar Shukla, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 31 of 2024, under Sections 376, 504, 506 IPC, Police Station Khukhundu, District Deoria, during the pendency of trial.
4. Learned counsel for the applicant has argued that opposite party no.2 was granted bail on 24.07.2024 by this court. The opposite party no.2 is a heavy weight of the locality and threatened the victim to enter into compromise with him. Counsel for the applicant has placed much reliance on the statement of the victim recorded as PW1 during trial whereby, she has stated that when she had instituted the case, the opposite party no.2 pressurizing her to enter into compromise with him and take Rs. fifteen lacs, as such, the bail of the opposite party no.2 may be cancelled.
6. Per contra, learned counsel for the opposite party no.2 has vehemently opposed the bail cancellation application of the applicant on the ground that the said statement was recorded in the court on 06.02.2025 and cross-examination is also complete. There is no occasion for the applicant in tampering with the evidence, as such, no case of cancelling the bail of the applicant granted by
order dated 24.07.2024 passed in Criminal Misc. Bail Application No.16114 of 2024 is made out.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the rival submissions, no case for intervention in the order of this Court dated 24.07.2024 is made out, as such, the application for cancellation of the bail of the applicant is without any basis and misconceived and is accordingly rejected.
8. The opposite party no.2 is directed to refrain from meeting the informant/victim herein.
Order Date :- 31.7.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad