Allahabad High Court
NARENDRA KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- HARVIR SINGH
Holding
The High Court held that the informant must approach the Sessions Court to seek cancellation of bail, and therefore dismissed the bail cancellation application.
Summary
The applicant, Narendra Kumar, filed a bail cancellation application in the High Court of Allahabad seeking to set aside bail granted by the Sessions Judge, Pilibhit, to the accused Nilesh in a case under Sections 307, 34 and 504 of the IPC. The application was filed under Criminal Misc. Bail Cancellation Application No. 346 of 2024. The Court observed that the appropriate remedy for the informant to challenge the bail order is to approach the Sessions Court directly, as provided by law. Consequently, the High Court found no jurisdiction to entertain the bail cancellation at this stage. The application was therefore disposed of without any order cancelling the bail.
Issues considered
- What is the appropriate forum for an informant to challenge a bail order granted by a Sessions Judge?
Legislation cited
- Indian Penal Code — s. 307, 34, 504
Subjects
- bail cancellation
- criminal procedure
- IPC sections 307, 34, 504
- jurisdiction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 346 of 2024
Narendra Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amal Kumar Srivastava, Kamal
Srivastava, Vivek Srivastava
Counsel for Opposite Party(s) : Abdul Majid, G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the parties and perused the material available
on record.
2. The instant bail cancellation application has been moved on behalf of
the applicant/ informant, Narendra Kumar, in Case Crime No. 170 of
2024, under Sections 307/34 and 504 I.P.C., P.S. Neoria, District-Pilibhit,
seeking cancellation of bail, granted to opposite party No.2/ accused by
learned Sessions Judge, Pilibhit, vide order dated 10.7.2024 passed in Bail
Application No. 1663 of 2024.
3. Since the bail was granted to opposite party No.2/ accused- Nilesh, by
the learned Sessions Judge, Pilibhit, the informant/ applicant has
alternative remedy to approach the Court of Sessions with the aforesaid
prayer, in accordance with law.
4. With the aforesaid observation, the instant bail cancellation application
stands disposed of.
(Harvir Singh,J.)
April 23, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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