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2025 DAILYLAW 94830 (ALL)

MUKESH CHANDRA v. STATE OF U.P. AND ANOTHER

BAILC/377/2025 · 2025-09-10

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 377 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This Criminal Misc. Bail Cancellation application has been filed by the applicant to cancel the bail granted by this Court vide order dated 8.5.2025 in Criminal Misc. Bail Application No. 7312 of 2024 (Ashish Sachan @ Reshu Vs. State of U.P.) in case crime no. 52 of 2023, under section 376, 506 IPC and 67 I.T. Act, P.S. Baraur, District Kanpur Dehat whereby the opposite party no. 2 has been granted bail by the this court. 3. The law with regard to cancellation of bail has been well settled by a catena of judgements holding that cancellation of bail can be ordered only on stronger grounds and bail already granted should not be cancelled unless it appears that the order granting bail is arbitrary, illegal and perverse or if the accused is interfering with the course of justice by tampering with the evidence. It is also trite law that the power to cancel bail has to be exercised with caution and great circumspection in appropriate cases. 4. Learned counsel for the applicant could not show any cogent and overwhelming circumstances for cancellation of bail granted to respondent no. 2. 5. Considering the facts and circumstances of the case and the well settled legal principles regarding cancellation of bail once granted, this Court does not find any ground to cancel the bail of the accused-respondent. Versus Counsel for Applicant(s) : Krishna Shankar Counsel for Opposite Party(s) : G.A. Mukesh Chandra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Accordingly, the present criminal appeal lacks merit and is hereby rejected. .... September 11, 2025 A. BAILC No. 377 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad