Siraj Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 146 of 2022 Applicant :- Siraj Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Indu Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Indu Prakash Singh, the learned counsel for the applicant and Sri Anant Pratap Singh, the learned AGA for the State.

¶2This is an application seeking cancellation of order dated

17.08.2022 passed by the Sessions Judge, Bahraich granting bail to the opposite party no. 2. The bail order mentions age of the opposite party no. 2 to be 67 years whereas the applicant claims that she is aged merely 50 years.

¶3The cancellation has been sought on the ground that the applicant is being threatened after grant of bail to the opposite party no. 2. However, a copy of the FIR No. 500 of 2022 lodged in this regard indicates that the opposite party no. 2 is not an accused in the aforesaid FIR. Although the FIR alleges that the informant had been beaten up by two persons named in that FIR as accused, the applicant had not suffered any injury in that incident.

¶4In view of the aforesaid facts, as there is no allegation of threatening by the opposite party no. 2, no case is made out for cancelling the order granting bail to the opposite patty no. 2.

¶5The application is accordingly rejected.

¶6So far as the prayer of learned counsel for the applicant for expediting the trial is concerned, the applicant is free to file a suitable application in this regard before the trial court. Order Date :- 15.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench