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Neutral Citation No. - 2025:AHC:83185 Reserved on 12.5.2025 Delivered on 19.5.2025 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 197 of 2024 Applicant :- Manoj Kumar Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A.,Kashi Naresh Mishra Hon'ble Siddharth,J.
1. Heard Sri Nasiruzzaman, learned counsel for the applicant; Sri Kashi Naresh Mishra, learned counsel for opposite party no.2 learned AGA for the State and perused the material placed on record. 2. This bail cancellation application has been filed by the applicant praying for cancellation of bail granted to the accused-opposite party no.2, Viresh Kumar, in Case Crime No. 443 of 2023, under Sections 376(Cha)(Jha), 323, 342, 506 IPC and Section 3/4, 5(Dha)/6 POCSO Act, Police Station Gabhana, District- Aligarh, by Special Judge (POCSO) vide order dated 3.1.2024 (Viresh Vs. State and another). 3. There were allegations in the FIR against opposite party no.2 that he committed the offence of rape against minor daughter of the applicant, aged about 12 years, on 19.11.2023. The victim supports the allegations made against opposite party no.2 in her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. However, opposite party no.2 was granted bail by the Special Judge, POCSO Act, by the order dated 3.1.2024. 4. Learned counsel for the applicant has submitted that opposite party no.2, after grant of bail by the trial court, is abusing and threatening the applicant/informant publicly and hence bail granted to opposite party no.2 may be cancelled by this Court. 5. Learned counsel for opposite party no.2 has filed counter affidavit and stated that averments made in the affidavit in support of bail cancellation application are absolutely false and concocted. The statement of the informant has already been recorded by the trial court. He has not made any complaint anywhere stating that he is being threatened or abused by opposite party no.2. 6. After hearing rival contentions, this Court finds that no ground has been found for cancelling bail granted to opposite party no.2 by this Court. There is no evidence of opposite party no.2 misusing the bail granted to him. 7. In view of the above, the above noted bail cancellation application is rejected. 8.
The trial court is directed to conclude the trial against the applicant, as expeditiously as possible, as per Section 346 B.N.S.S./309 Cr.P.C. Order Date :- 19.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad