Court No. - 34
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 39835 of 2017 Applicant :- Dharm Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devi Prasad Tripathi,Manish Kumar Pandey Counsel for Opposite Party :- G.A.,Anjani Kumar Raghuvanshi,Ram Babu Sharma
Hon'ble Sudhir Agarwal,J.
1. Supplementary affidavit filed by learned counsel for applicant is taken on record.
2. Heard Sri Devi Prasad Tripathi, learned counsel for applicant and Sri Ram Babu Sharma, learned counsel for opposite party-2.
3. This is an application seeking cancellation of bail granted to accused-opposite party no. 2 by Sessions Judge, Moradabad vide order dated 4.12.2013 in Case Crime No. 160/2013, under Section 467, 468, 471 and 420 IPC, Police Station Civil Lines, District Moradabad. Applicant earlier filed application for cancellation of bail before Court below, which was rejected vide order dated 16.5.2015 and thereafter this application has been filed.
4. It is submitted that accused-opposite party no. 2 is threatening applicant for compromise in the matter and in this regard averments have been made in para 12-A of affidavit. I find that this paragraph has not been sworn at all, hence, cannot be relied. There is no material to show that accused-opposite party no. 2 is threatening applicant in any manner and violating terms and conditions of bail, hence, I do not find any good ground to cancel the bail.
5. Application is accordingly rejected.
Order Date :- 30.9.2019 Ravi Prakash