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Allahabad High Court

SAURABH JAISAWALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The bail granted to the accused is cancelled and the earlier bail order is set aside.

Summary

The High Court considered an application to cancel the bail granted on 18‑Feb‑2025 to Jai Singh Yadav in Crime No.555 of 2024, which involved offences under the IPC and the POCSO Act. The applicant, Saurabh Jaisawal, alleged that the accused misused his liberty by sending indecent and threatening messages to the victim and an informant, thereby intimidating them. The accused contended that the victim had threatened him and that he had filed a Section 156(3) Cr.P.C. application alleging a gunshot incident, which was not substantiated. After examining the annexed messages, the Court found the allegations credible and concluded that the bail had been misused. Consequently, the bail order was set aside, the cancellation application was allowed, and the accused was directed to surrender within two weeks.

Issues considered

  • Whether the bail granted to the accused should be cancelled on the ground of misuse of liberty and intimidation of the victim and informant.

Legislation cited

  • BNS — s. 115(2), 137(2), 142, 351(2), 61(2), 64
  • POCSO Act — s. 3, 4

Subjects

  • bail cancellation
  • intimidation
  • POCSO
  • misuse of liberty
  • criminal procedure
  • threatening messages
  • victim protection

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 356 of 2025

Saurabh Jaisawal
                                                            .....Applicant(s)
                                     Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Pankaj Kumar Rai, Shambhavi Nandan
Counsel for Opposite Party(s) : Anand Yadav, G.A.

Court No. - 66
(Sr. No.37 out of 150)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard learned counsel for applicant, learned counsel for opposite party
no.2 as well as learned A.G.A. for the State and perused the material placed
on record.

3. The present bail cancellation application has been filed to set-aside the
bail order dated 18.2.2025 granted to opposite party no.2 with regard to Case
Crime No.555 of 2024, under Sections 137(2), 64, 142, 351(2), 115(2), 61(2)
BNS and 3/4 POCSO Act, Police Station Saraimeer, District Azamgarh in
Criminal Misc. Bail Application No.5272 of 2025 (Jai Singh Yadav vs. State
of UP and 3 Others).

4. Learned counsel for the applicant has stated that the opposite party no.2
has misused the liberty of bail granted to him by this Court vide order dated
18.2.2025. The opposite party no.2 had threatened the victim and the
informant by sending indecent messages and threatening messages from his
mobile no.8968477058, which is but evident from Annexure no.8 to the
affidavit filed with the bail cancellation application.

5. Learned counsel for the applicant has further stated that the said
threatening messages had a chilling effect on the victim and informant, as
such, the bail order dated 18.2.2025 granted to opposite party no.2 is liable
to be set-aside.
                                                                                               BAILC No. 356 of 2025
                                                                     2


                                    6. Per contra, learned counsel for opposite party no.2 has vehemently
                                    opposed the bail cancellation application on the ground that the victim
                                    herself had threatened the opposite party no.2, but he could not file the said
                                    messages. An application U/s 156(3) Cr.P.C. has been moved by opposite
                                    party no.2 against the applicant herein as he had fired at him, as such, the
                                    present bail cancellation application is liable to be rejected. Although, he
                                    could not dispute that there was no gunshot injury sustained by opposite
                                    party no.2.

                                    7. After hearing learned counsel for the parties and taking into consideration
                                    the messages sent by opposite party no.2 to the informant and victim, which
                                    have been annexed as Annexure-8 to the affidavit, the Court is of the view
                                    that the bail granted to opposite party no.2 is liable to be cancelled. The bail
                                    cancellation application is allowed.

                                    8. Consequently, the order dated 18.2.2025 passed by this Court in Criminal
                                    Misc. Bail Application No.5272 of 2025 (Jai Singh Yadav vs. State of UP
                                    and 3 Others) granting bail to opposite party no.2- Jai Singh Yadav with
                                    regard to Case Crime No.555 of 2024, under Sections 137(2), 64, 142,
                                    351(2), 115(2), 61(2) BNS and 3/4 POCSO Act, Police Station Saraimeer,
                                    District Azamgarh is hereby set-aside.

                                    9. However, two weeks' time is granted to opposite party no.2 to surrender
                                    before the Trial Court concerned from today.

                                    10. Let a copy of this order be sent to the Trial Court concerned forthwith.




                                                                                               (Krishan Pahal,J.)
                                    March 18, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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