Vijay Kumar Upadhyay v. State of U.P. and Another

Court No. - 44 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 604 of 2023 Applicant :- Vijay Kumar Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The present bail application has been filed for cancellation of the bail granted to the accused by the lower court on 06.07.2023.

¶3The contention of the Counsel for the applicant is that subsequent to the released of the accused, on 12.07.2023, the accused threatened the witnesses for which a separate FIR was got registered under Sections 504, 506 IPC with Case Crime No.0302 of 2023.

¶4There is no material on record to demonstrate that any application before the trial court for granting witness protection has been filed. In view thereof, simply lodging of an FIR would not be a ground for cancelling the bail granted to the accused.

¶5The application is rejected. However, the applicant would be at liberty to move an appropriate application before the trial court for grant of witness protection, which shall be considered by the trial court in accordance with law. Order Date :- 7.11.2023 akverma High Court of Judicature at Allahabad