Neutral Citation No. - 2025:AHC:141091 Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 341 of 2023 Applicant :- Fakhrudeen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- Anurag Singh,G.A.,Ravi Sahu Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Second supplementary affidavit filed today is taken on record. 3. Response filed by Sri Ravi Sahu, learned counsel for opposite party No.2 is taken on record which is to the satisfaction of this Court. 4. Heard Sri Kamlesh Kumar Tripathi, learned counsel for applicant, Sri Ravi Sahu, learned counsel for the opposite party No.2, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 5. The present bail cancellation application has been filed by the applicant with a prayer to cancel the bail granted to opposite party No.2 by the learned Sessions Judge concerned vide order dated 18.04.2023 in Case Crime No.509 of 2022, under Sections 498A, 304B, 201 and Section 3/4 D.P. Act, Police Station Bhognipur, District Kanpur Dehat. 6. Learned counsel for the applicant has submitted that the opposite party No.2 is the mother-in-law of the deceased person and she is not named in the FIR. It is further argued that opposite party No.2 and other family members are adamant on getting the matter settled between the parties and want the witnesses to resile from their statement and turn hostile so that opposite party No.2 and his son, who is in jail, may be acquitted. It is further argued that even the FIR No. 432 of 2023 under Section 504, 506 I.P.C. has been instituted against the opposite party No.2 which was registered on 20.11.2023 regarding the incident dated 20.11.2023 which occurred at about 06:30 PM. 7. Learned counsel for the applicant further argued that statements of witnesses are being recorded during trial. It is further argued that although the opposite party No.2 is the main accused person and main architect of the crime, although she was not present at the time of FIR, but being the person who held the clout in the family, she is not entitled for bail. It is further stated that the opposite party No.2 and other family members had threatened the informant to refrain from deposing in trial court concerned, as such, bail granted to the opposite party No.2 vide order dated 18.04.2023 in Bail Application No. 1479 of 2023 passed by the learned Sessions Judge, Ramabai Nagar, Kanpur Dehat be cancelled. 8. Per contra, learned counsel for opposite party No.2 has vehemently opposed the bail cancellation application on the ground that bail cancellation application was filed on 21.05.2023 and the FIR has been instituted six months after it i.e. on 20.11.2023 which speaks volume of the fact that the said allegations of opposite party No.2 trying to win over the witnesses for tampering of evidence are false. The son of the applicant is in jail and even his second bail application has been rejected, as such, instant bail cancellation application carry no force. 9. After hearing learned counsel for the parties and taking into consideration the fact that FIR has been instituted after filing of the instant bail cancellation application, as such, the instant bail cancellation application is misconceived and does not carry any force, I do not find it a fit case to cancel the bail granted to the opposite party No.2. 10. The bail cancellation application is found devoid of merits and is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad