Allahabad High Court
NISHA SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
Bail may be cancelled if the accused seek further adjournments after the court’s warning.
Summary
The applicants, Nisha Singh and another, sought cancellation of the bail previously granted to the accused. The counsel highlighted that the trial was nearing the stage of recording statements under Section 313 of the Criminal Procedure Code, but the accused repeatedly sought adjournments, causing delay. The High Court noted an earlier order dated 13‑03‑2026 directing the trial court to proceed without further postponements. It directed the trial court to comply with that order, listed the matter for a status report on 29‑05‑2026, and warned that any further adjournment sought by the accused could lead to cancellation of their bail on the next date. The court allowed the applicant’s counsel to file the intervening order, effectively refusing immediate bail cancellation but setting a condition for future cancellation.
Issues considered
- Whether bail granted to the accused can be cancelled on account of repeated adjournments sought by the accused.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
Subjects
- bail cancellation
- adjournment
- trial delay
- Criminal Procedure Code
- Section 313
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 558 of 2025
Nisha Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikram Singh Shrivastava
Counsel for Opposite Party(s) : Farhan Khan, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
Shri Kamal Krishna, learned Senior Counsel assisted by Shri Pradeep Kumar
Rai, learned counsel for the applicants has submitted that trial is at the verge
of conclusion and at the stage of recording of statements under section 313
Cr.P.C. One or the other accused takes adjournment on every date to delay
the conclusion of trial and delayed the trial.
The trial court is directed to comply the earlier order dated 13.3.2026.
List this case on 29.5.2026 with trial court's status report.
If any adjournment is sought on behalf of accused in between the bail
granted to them may be cancelled the next date.
Learned counsel for the applicant may bring on record the order passed in
the meantime.
(Siddharth,J.)
May 8, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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