Ganga Charan v. State of U.P. and Another

Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 654 of 2023 Applicant :- Ganga Charan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Prajapati Counsel for Opposite Party :- G.A.,Ram Kishor Gupta Hon'ble Rajeev Misra,J.

¶1Heard Mr. V.C. Prajapati, the learned counsel for applicant, the learned A.G.A. for State and Mr. Dinesh Kumar Gupta, Advocate, holding brief of Mr. Ram Kishor Gupta, the learned counsel representing first informant.

¶2Counter affidavit filed by the learned counsel representing accused-opposite party 2 in Court today, is taken on record.

¶3The solitary ground which has been raised for cancellation of bail granted to accused-opposite party 2 is to the effect that after the accused-opposite party 2 was enlarged on bail, various criminal acts have been committed by him including by assaulting the family members of the first informant/applicant.

¶4On this issue, the Court raised a pointed query as to whether any FIR has been lodged against accused-opposite party 2 or not. The learned counsel for applicant could not submit any satisfactory reply.

¶5Considering the fact that ground raised in the affidavit seeking cancellation of bail are not substantiated by any material evidence, therefore, the factual plea raised on behalf of applicant for cancellation of bail granted to accused-opposite party 2 is unworthy of reliance.

¶6In view of above, this application for cancellation of bail fails and is liable to be rejected.

¶7It is accordingly rejected. Order Date :- 11.12.2023 Vinay High Court of Judicature at Allahabad