Allahabad High Court
BOBY YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The bail cancellation application is dismissed as there is no evidence of a breach of bail conditions.
Summary
The applicant filed a bail cancellation application seeking to revoke the bail granted to the second opposite party, the father‑in‑law of the deceased, on the ground that he allegedly threatened the first informant after being released on bail. The application cited Sections 85 and 80(2) of the Bail (Amendment) Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The State, represented by an Additional Government Advocate, contended that no complaint or FIR had been lodged with the police regarding the alleged threat. The Court examined the record and found no FIR, enquiry report, or any written application to the police as claimed. Consequently, the Court held that there was insufficient material to justify cancelling the bail and dismissed the bail cancellation application.
Issues considered
- Whether the bail granted to the accused can be cancelled on the alleged violation of bail conditions (threatening the informant) in the absence of any FIR or enquiry report.
Legislation cited
- Bail (Amendment) Act, 2023 — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail cancellation
- bail violation
- threat to informant
- dowry prohibition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 363 of 2026
Boby Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Sunil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. List of fresh cases has been revised.
2. No one appears on behalf of the applicant whereas Sri Himanshu
Kumar, learned AGA is present for the State.
3. The instant bail cancellation application has been filed to cancel
the bail granted to the opposite party no.2 vide order dated
05.08.2026 passed by this Court in case crime no. 0046 of 2026,
under Sections-85, 80(2) BNS, 2023 and Section 3/4 of Dowry
Prohibition Act, Police Station-Chaubiya, District Etawah.
4. Present bail cancellation application has been filed on the ground
that the opposite party no.2, who is the father-in-law of the deceased
was on bail in pursuance of the order dated 05.08.2026 passed in
Criminal Misc. Bail Application No.26753 of 2026, after he was
released on bail, he had threatened the first informant regarding
which an application was given to SSP, Etawah, SHO, Etawah and
also to SHO, Police Station-Chaubiya, Etawah. Therefore, present
bail application of opposite party no.2 for violation of bail condition
deserves to be cancelled.
5. However, learned AGA has submitted that he has received
instructions and on the basis of instructions, he has submitted that no
such application was moved by the applicant before the concerned
police station. Therefore, present application deserves to be
cancelled.
6. Considering the aforesaid submissions and taking into account that
BAILC No. 363 of 2026
2
there is no first information report or enquiry report by any authority
regarding threatening of the first informant by the opposite party no.2
and even the application annexed at page no.46 allegedly given to
the concerned SHO was not given. Therefore, this court is not
inclined to allow this application.
7. Accordingly the bail cancellation application is rejected.
September 23, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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