Allahabad High Court
BASANT KUMAR SINGHversusSTATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
- Bench
- SUBHASH VIDYARTHI
Holding
The court held that because the bailee was already in custody for the subsequent FIR, there was no ground to cancel the bail.
Summary
The applicant, Basant Kumar Singh, sought cancellation of a bail order dated 22‑12‑2023 that had been granted to the opposite party No. 2 in a case under IPC sections 387, 427 and 506. The request was based on an alleged assault by the bailee on an informant, resulting in a gun‑shot injury, for which an FIR was lodged and the bailee was taken into custody. The court examined whether the bail should be revoked given the new alleged offence. It observed that the bailee was already in custody in connection with the FIR, eliminating any risk of misuse of the liberty granted by bail. Consequently, the court rejected the bail‑cancellation application. The order was pronounced on 4‑December‑2025 by Justice Subhash Vidyarthi.
Issues considered
- Whether bail granted to the accused should be cancelled on account of alleged commission of a new offence after release
Legislation cited
- Indian Penal Code — s. 387, 427, 506
Subjects
- bail cancellation
- criminal procedure
- breach of bail conditions
- assault
- gunshot injury
- IPC sections 387 427 506
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 27 of 2025
Basant Kumar Singh
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Neeraj Singh, the learned counsel for the applicant and Sri
Mayank Sinha, the learned AGA.
2. Supplementary affidavit filed by the learned counsel for the application
is taken on record.
3. By means of the instant application the applicant is seeking
cancellation of order dated 22.12.2023 passed by this Court in Criminal
Misc. Bail Application No. 15282 of 2023 enlarging the opposite party on
bail in Case Crime No. 266 of 2023, under Sections 387, 427, 506 I.P.C.,
Police Station Antu, District Pratapgarh.
4. Cancellation of the bail order has been sought on the ground that
subsequent to release on bail, the applicant assaulted the informant
causing gun shot injury to him.
5. Regarding the aforesaid subsequent incident, an FIR has been lodged
by the applicant and the opposite party no. 2 has also been taken into
custody in connection with that FIR.
6. When the opposite party no. 2 is already in custody in connection with
the subsequent FIR lodged by the applicant, there is no apprehension of
misuse of the liberty of bail granted to the opposite party no. 2 by means
of the order dated 22.12.2023, therefore, there is no occasion for this
BAILC No. 27 of 2025
2
Court to cancel the bail granted to the opposite party no. 2 at this stage.
7. The bail cancellation application is rejected at this stage.
(Subhash Vidyarthi,J.)
December 4, 2025
Pradeep/-
Digitally signed by :-
PRADEEP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
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