Court No. - 74
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 246 of 2019 Applicant :- Chandrabhan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indradeo,Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
This is the bail cancellation application. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Subhash Chandra Dwivedi, learned brief holder for the State have submitted that this bail cancellation application may be considered and disposed of on merit.
I have heard the learned A.G.A./brief holder for the State and perused the record.
This bail cancellation application has been moved by applicant- Chandrabhan Singh against opposite party no.2- Bhupendra Kumar by contending various grounds as appearing in the averments contained in the affidavit appended to this bail cancellation application.
However, learned A.G.A. has engaged attention to this Court to the very bail order impugned by the applicant dated 30.11.2018 passed in Criminal Miscellaneous Bail Application No.45819 of 2019, Bhupendra Kumar vs. State of U.P., whereby five conditions were imposed by the co-ordinate Bench of this Court while granting bail. However, in the last paragraph it was mandated that in case of breach of any of the conditions, the court below shall be at liberty to cancel the bail. While describing the aforesaid part of the order, learned AGA claims that straight-way filing of bail cancellation application is not justified because the relief sought can be well availed by the lower court concerned itself. Therefore, there is no locus for entertaining this application.
Argument of learned AGA is sustained. The applicant is required to act in compliance of the order passed by co- ordinate Bench of this Court dated 30.11.2018 and the power has been given to the lower court concerned itself to pass appropriate order in case of any breach of conditions imposed in the bail order. Therefore, stright-way coming to this Court would not be permissible at this stage.
Consequently, this Bail Cancellation Application is dismissed as not maintainable at this juncture and the applicant is required to move appropriate application before the lower court concerned itself.
The observation so made in the body of this order shall not prejudice proceeding of the trial court while deciding any application by the applicant for cancellation of bail of opposite party no.2- Bhupendra Kumar.
Order Date :- 28.8.2019 Raj