Neutral Citation No. - 2025:AHC:70523 Court No. - 64 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 406 of 2024 Applicant :- Lal Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pramod Kumar Vishwakarma, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the record. 3. This is a bail cancellation application by the applicant Lal Bahadur under Section 439 (2) Cr.P.C. with the following prayer:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 29.6.2024 passed by Court of Sessions Judge, Jaunpur in bail application no.954 of 2024, Sandeep Rav Vs. State of U.P. in Case Crime No.45 of 2024, under Section 304 IPC, P.S. Singramau, District Jaunpur whereby enlarged the applicant on bail and also cancel the bail of opposite party no.2 and directed to be arrested and commit him to custody, otherwise the applicant shall suffer irreparable loss and injury, And/ or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. The facts of the case are that a FIR was lodged on 27.4.2024 under Section 304 IPC by Lal Bahadur against unknown person. The contents of the FIR are not being dilated herein since they have no relevance at this stage. The opposite party no.2 Sandeep Rav who is an accused was granted bail by Court of Sessions Judge, Jaunpur vide order dated 29.6.2024 in Bail Application No.954 of 2024 (Sandeep Rav Vs. State of U.P.). 5. Learned counsel for the applicant argued that applicant is the complainant of the present case. While placing para nos.18 to 21 of the affidavit in support of bail cancellation application, it is submitted that the opposite party no.2 and his family members have always abused and threatened to beat and kill the applicant, he is having enmity and has always restrained him to do pairvi before the trial court. He is a notorious person and is always harassing the applicant and his family members and as such bail granted to him be cancelled. 6. Per contra, learned counsel for the State opposed the prayer and argument of learned counsel for the applicant and submitted that there is no credible evidence on record to substantiate the argument and complaints in the bail cancellation application. Even otherwise the applicant who is the informant and has not resorted to moving any complaint anywhere or even not proceeded to take shelter of the Witness Protection Scheme. The bail cancellation application be thus rejected. 7. After having heard learned counsel for the parties and perusal of the records, it is evident that the opposite party no.2 has been granted bail by trial court concerned vide order dated 29.6.2024. The grounds as pleaded and argued by learned counsel for the applicant are only on apprehension without any substance and credible evidence in its support. Even the applicant has not resorted to move any complaint before any authorities or resorting to the protection under the Witness Protection Scheme. The order granting bail to the opposite party no.2 is a well reasoned order. The same does not call for any interference by this Court. The settled principle of law is that grant of bail and cancellation of bail are two different things and are on totally different parameters. No such ground is made out to interfere in this bail cancellation application particularly in the light of the judgement of the Apex Court in the case of Deepak Yadav v. State of U.P. : (2022) 8 SCC 559. 8. After examining the submissions advanced by learned counsel for the parties and the law on the subject, I am of the view that no good ground is made out to cancel the bail of the opposite party no.2 in aforesaid Case. 9. The present bail cancellation application is hereby rejected. (Samit Gopal, J.) Order Date :- 2.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad