Neutral Citation No. - 2025:AHC:131521 Court No. - 18 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 281 of 2025 Applicant :- Rahul Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mohan Garg,Prabhankar Srivastava,Rajeev Sawhney Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajeev Sawhney, learned counsel for the applicant assisted by Shri Prabhankar Srivastava, Advocate and Shri Anand Vikram Singh, the learned A.G.A. for the State. 2. The instant application has been filed seeking cancellation of an order dated 31.08.2022 passed by this Court in Crl. Misc. Bail Application No.46078 of 2021 whereby the opposite party No.2 has been granted bail in Case Crime No.41 of 2021, under Sections 307, 436, 325, I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station Pheel Khana, District Kanpur Nagar. 3. The ground for seeking cancellation of bail order is that in the order dated 31.08.2022 passed by this court in Crl. Misc. Bail Application No.46078 of 2021, this Court had put specific conditions that the opposite party No.2 will not tamper with the evidence during the trial, he will not influence any witness and he will not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, but the opposite party No.2 has violated these conditions. 4. In para 10A of the application it has been pleaded that the trial in the aforesaid case has commenced vide dated 05.09.2022 and the opposite party No.2 and co-accused Aman Verma are hampering the trial and they are trying to influence the witness. On 20.04.2023. both the accused persons pointed out and got identified the applicant and the informant Ashish Kumar Jain by one stranger who appeared to be criminal by his attitude and body language. 5. This incident was brought to the notice of the District Judge Kanpur Nagar vide application dated 24.04.2023. The District Judge referred the application to the concerned court for doing the needful. The trial court directed the Commissioner of Police Kanpur to do the necessary investigation in the matter. In spite of the aforesaid direction, no action has been taken on the aforesaid complaints made by the applicant and the accused persons continue to threaten the witnesses. It is stated in the application that on 19.02.2025 when the applicant was present in the trial court for being examined as PW-2, the accused persons assaulted him with kicks and fists, hurled filthy abuses and threatened him. This incident is recorded in the CCTV camera installed in the Court premises and it is stated that the learned court and the officials of the court witnessed the incident. 5. It has further been stated by the applicant that he had written a letter dated 20.02.2025 to the Commissioner Of Police, Kanpur Nagar regarding the aforesaid incident, but to no avail. On 24.02.2025, the applicant has given an application to the District Judge, Kanpur Nagar but no action has been taken thereon. The District Judge endorsed an order on this application "Seen. Concerned Court to do the needful". 6. Submission of the learned counsel for the applicant is that no action has been taken on repetitive complaints made by the applicant to the trial Court, to the District Judge as well as to the Commissioner of Police but no action has been taken thereon and meanwhile the accused persons continue to threaten and influence the applicant and his witnesses. 7. There is no averment in the entire application that the applicant had filed any application for obtaining a copy of the CCTV footage. CCTV footage of the CCTV cameras installed in the Courts are not preserved till eternity and the system has its own limitations under which the CCTV footage is preserved for a certain duration only and it appears that now the incidents dated 20.04.2023 and 19.03.2025 cannot be verified by the CCTV footage. 8. Although it is alleged that the applicant been assaulted in the Court premises, no material has been annexed to substantiate this allegation also and it appears that the applicant was not medically examined after that incident. 9. At this stage, besides the bald allegations levelled by the applicant, there is no other material to substantiate that the applicant is misusing the liberty of bail granted by this court. 10. In these circumstances, no case for cancellation of the bail order dated 31.08.2022 passed by this court in Crl. Misc. Bail Application No.46078 of 2021 is made out. 11. Accordingly, this bail cancellation application stands rejected. . (Subhash Vidyarthi,J.) Order Date :- 4.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad