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Neutral Citation No. - 2025:AHC:115121 Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 190 of 2025 Applicant :- Smt. Vinita Devi Opposite Party :- State Of U.P, And Another Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Ms. Vijeta Gupta, Advocate holding brief of Sri Ashwani Kumar Pathak, learned counsel for applicant and Sri Satya Prakash Singh, learned counsel for opposite party no.2.
3. The present bail cancellation application has been filed to set- aside the bail order dated 23.11.2024 granted to opposite party no.2 with regard to Case Crime No.83 of 2024, under Sections 323, 504, 506, 302 I.P.C., Police Station- Maeel, District- Deoria in Criminal Misc. Bail Application No.41967 of 2024 (Abhishek Pandey vs. State of UP).
4. Learned counsel for the applicant has stated that the opposite party no.2 has not complied with the condition no.1 of the said bail
order as he had threatened the witnesses. There is an application moved before the SSP concerned but he has not taken any action on the said application. Learned counsel has further stated that the father of opposite party no.2 is a police employee, as such, under his clout no action has been taken. There is every possibility of opposite party no.2 tampering with evidence, as such, the bail
order dated 23.11.2024 granted to opposite party no.2 is liable to be set-aside.
5. Per contra, learned counsel for opposite party no.2 has vehemently opposed the bail cancellation application on the ground that already witnesses of fact have been examined and they have deposed in court. There is no question of opposite party no.2 or any other person tampering with evidence at this stage, as such, the present bail cancellation application is liable to be rejected.
6. After hearing learned counsel for the parties and taking into
consideration that witnesses of fact have already been examined and there being nothing on record to suggest that opposite party no.2 had tampered with evidence, I do not find it a fit case for setting-aside the bail order granted to opposite party no.2.
7. The bail cancellation application is found devoid of merits and is, accordingly, rejected.
Order Date :- 16.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad