Court No. - 64
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 111 of 2019 Applicant :- Amit Dhama @ Amit Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
This bail cancellation application has been moved on behalf of the applicant with a prayer for cancellation of the bail granted by the learned Sessions Judge, Baghpat vide order dated 20.2.2019 to opposite party nos. 2 and 3 in case crime no. 2/2019 under section 147,148,149,302 I.P.C. P.S. Khekra district Baghpat on the ground that threat is being extended to the informant side after lodging of the FIR, therefore,the life of the informant is in danger. Applications to the District Magistrate/ S.P. Baghpat have also been given.
The learned A.G.A. submits that in this case at this juncture, merely because threat was extended to the applicant, bail of the opposite party can not be cancelled. It would be better for the applicant to move a proper application before the trial court for providing safety to him rather coming for cancellation of bail in this court.
I have perused the bail order dated 20.2.2019, a certified copy of which has been placed on record, which shows one aspect of the matter particularly the fact that there was a cross version of the incident and both sides have sustained injuries, then in the event any threat is being extended by accused side to the informant side, then, it would be proper for the applicant to move a proper application before the trial court which is competent court of law for passing proper order. At this juncture straightway, no case is made out for interference.
Accordingly, this bail cancellation application is rejected at this stage.
Order Date :- 26.4.2019/N.A.