Allahabad High Court Dismisses Baseless Bail Cancellation Plea

Court Imposes Rs. 25,000 Fine on Applicant for Misusing Judicial Process

In a significant judgment, the Allahabad High Court, presided over by Justice Krishan Pahal, dismissed a bail cancellation application filed by Nikhil Kumar, citing lack of locus standi and termed it as an abuse of the judicial process. The application sought to cancel the bail granted to an accused in an unrelated criminal case, leveraging personal vendetta rather than legal grounds.

The court outlined that Nikhil Kumar, the applicant, attempted to cancel the bail of the accused, who was involved in a different case where Kumar's father was allegedly murdered. The applicant, not being a victim, informant, or aggrieved person in the case at hand, was found to have no standing under Sections 301 and 2(wa) of the Criminal Procedure Code, 1973, as well as the provisions outlined in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Justice Pahal emphasized that allowing such applications, driven by personal vendetta, would undermine the integrity of the judicial process and could not be entertained. The court further criticized the applicant's counsel for failing to dissuade his client from filing a meritless application, highlighting the responsibility of advocates to avoid clogging the judicial system with baseless proceedings.

In a firm stance against such misuse, the court imposed a cost of Rs. 25,000 on Nikhil Kumar, to be deposited with the High Court Legal Services Authority, reinforcing the message that judicial processes should not be trivialized for settling personal scores.

The judgment underscores the judiciary's commitment to preserving the sanctity of legal processes and discouraging frivolous litigations that disrupt the administration of justice.

Bottom Line:

Bail cancellation application by a person who is neither a victim nor an informant in the case, and has no locus standi, is not maintainable. Filing such applications out of personal vendetta or vengeance amounts to abuse of the judicial process.

Statutory provision(s): Criminal Procedure Code, 1973 Sections 301, 2(wa); Bharatiya Nagarik Suraksha Sanhita, 2023.

Nikhil Kumar v. State of U.P., (Allahabad) : Law Finder Doc Id # 2813622