Smt. Babita v. State of U.P. and Another

Court No. - 64 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 66 of 2020 Applicant :- Smt. Babita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Dhaka Counsel for Opposite Party :- G.A.,Satyam Narayan Hon'ble Siddharth,J. Heard Sri Vivek Dhaka, learned counsel for the applicant; Sri Satyam Narayan, learned counsel for the opposite party no. 2 and learned A.G.A for opposite party no. 1, the State. The instant bail cancellation application has been filed on behalf of the applicant, Smt. Babita, with a prayer to cancel bail order dated

17.01.2020 passed in favour of opposite party no. 2 in Case Crime No. 837 of 2019, under Section-376-D IPC, Police Station-Kankerkhera, District-Meerut by Additional Sessions Judge, F.T.C., Meerut. There is no allegation that the opposite party no. 2 has ever misused the liberty of bail. The order of bail has been challenged on merits which cannot be considered in bail cancellation application. Trial is proceedings. Four prosecution witnesses have been examined before the trial court. There is no good ground for cancelling the bail granted to opposite party no. 2. The bail cancellation application is accordingly, rejected. Order Date :- 4.12.2023 Rohit High Court of Judicature at Allahabad