Extracted from the PDF above. The PDF is authoritative.
Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 175 of 2025 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Sri Ajay Dubey, Advocate filed his power on behalf of the opposite party no. 2 which is taken on record.
2. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant; Sri Ajay Dubey, learned counsel for the opposite party no. 2 and Sri Jhamman Ram, learned AGA for the State- respondent.
3. The instant application has been filed with a prayer to cancel the bail granted to the opposite party no. 2 by this Court vide order dated 20.2.2025 in Case Crime No. 219 of 2024, under Sections 103(1), 140(2), 238, 3(5) of BNS, Police Station Barahan, District Agra, during pendency of the trial in the court below.
4. Learned counsel for the applicant submitted that this is the bail cancellation application and applicant is informant of the case and he filed the instant bail cancellation application on the ground that after released on bail opposite party no. 2 is continuously threatening him to compromise the matter and in this regard applicant also moved an application to the Police Commissioner which has been annexed as page-35 of the paper book.
5. He further submitted that as opposite party no. 2 misused the liberty of bail granted to him, therefore, the bail granted to him be cancelled.
6. Per contra, learned AGA as well as learned counsel for the opposite party no. 2 opposed the prayer for cancellation of bail and submitted that however from the record it reflects that on 27.2.2025 applicant who was informant of the case moved an application with regard to threatening against the opposite party no. 2 but opposite party no. 2 is a lady and prima facie, the application moved by the applicant appears to be based on false
facts. They further submitted that even merely on the basis of such
application it is not proper to cancel the bail granted to the accused.
7. They further submitted that if on the basis of such application, this Court started cancelling the bail granted to accused then this Court will open pandora's box and therefore, the instant bail cancellation application should be dismissed.
8. I have heard learned counsel for the parties and perused the record of the case.
9. The instant bail cancellation application has been filed with a prayer to cancel the bail granted to opposite party no. 2 on the ground that after released on bail she threatened the applicant but this Court finds merit in the argument advanced by learned counsel for the opposite party no. 2 and learned AGA that merely on the basis of such application it is not proper to cancel the bail granted to an accused.
10. Further, law is settled that it is easy to reject a bail application but it is very difficult to cancel the bail already granted to the accused and for cancellation of bail very overwhelming and cogent reasons are necessary.
11. Further, opposite party no. 2 is a lady too.
12. Therefore, considering the facts and circumstances of the case, the instant bail cancellation applicant is devoid of merit and is, accordingly, dismissed.
13. 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 :- 8.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad