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2026 DAILYLAW 7049 (ALL)

NEM SINGH v. STATE OF U.P. AND ANOTHER

BAILC/325/2026 · 2026-09-16

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 325 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Ms. Pratibha Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed to cancel the bail order of the opposite party no. 2 in Case Crime No. 12 of 2026, under Sections 103(1), 238, 61(2)(A) BNS, Police Station Nidhauli Kalan, District Etah during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is the informant of the case and he filed the instant bail cancellation application to cancel the bail granted by court concerned to opposite party no. 2. 4. She further submitted that it is a case of murder and on the pointing out of the opposite party no. 2, mobile phone of the deceased and weapon used in the crime were also recovered but in spite of that court concerned granted bail to him and thus committed gross illegality. 5. She further submitted that therefore, bail granted to opposite party no. 2 be cancelled. 6. Per contra, learned AGA opposed the prayer for cancellation of bail and submitted that however on the pointing out of the O.P. No. 2 during investigation mobile phone of the deceased and weapon used in the crime were allegedly recovered but with a detailed order dated 27.7.2026 opposite party no. 2 was enlarged on bail by the court concerned and therefore, instant bail cancellation application is devoid of merit and it should be Versus Counsel for Applicant(s) : Ashok Kumar Singh, Pratibha Singh Counsel for Opposite Party(s) : G.A. Nem Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) dismissed. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Applicant is informant of the case and he filed instant bail cancellation application with a prayer to cancel the bail granted by court concerned to opposite party no. 2 on the ground that it is a case of murder and during investigation on the pointing out of O.P. No. 2 mobile phone of the deceased and even weapon used in the crime was also recovered but in spite of that court concerned granted bail to him. 9. From the bail granting order dated 27.7.2026 it reflects, it is well reasoned order and in view of this Court, no interference is required. 10. Law is settled that it is easy to reject a bail application but it is very difficult to cancel the bail already granted to the accused and for cancellation of bail very overwhelming and cogent reasons are necessary which is completely missing in the present matter. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, instant bail cancellation application is devoid of merit and is liable to be dismissed. 12. Accordingly, the instant bail cancellation application stands dismissed. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 17, 2026 Ankita BAILC No. 325 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad