Court No. - 34
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 41229 of 2014 Applicant :- Dr. Mrs. Uma Seth Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Samit Gopal Counsel for Opposite Party :- Govt. Advocate,Dr. Akhilesh Kumar Sharma Hon'ble Sudhir Agarwal,J.
1. Heard Sri Sudhir Mehrotra, Advocate holding brief of Sri Samit Gopal, learned counsel for applicant and Dr. Akhilesh Kumar Sharma, learned counsel for accused-respondents.
2. This is an application seeking cancellation of bail granted by this Court on 03.01.2013 in Criminal Misc. Bail Application No.19279 of 2012 to accused- respondents namely Vinod Kumar Pandey, Avsar @ Munna and Mahroof @ Farookh involved in Case Crime No.538 of 2007 under Sections 420, 467, 468, 471, 120-B IPC, P. S.Dhumanganj,District-Allahabad.
3. It is submitted by learned counsel for applicant-complainant that aforesaid bail application came up for consideration before this Court on 03.01.2013 when Sri Samit Gopal, learned counsel appearing for complainant-applicant was out of station and, therefore, he was not heard while accused-respondents were granted bail by this Court on 03.01.2013. It is, thus, requested that bail granted to accused-respondents should be cancelled.
4. However, I have heard learned counsel for parties and perused the record as well as FIR. After looking into the nature of allegations contained therein and other facts, I find that the discretion exercised by this Court in granting bail to accused-respondents, is not erroneous in any manner as said order was passed after hearing learned A.G.A. I gave opportunity to learned counsel for applicant- complainant to show material facts so as to justify that bail should not have been granted to accused-respondents, but nothing could be substantiated by him.
5. In view thereof, I do not find any reason to cancel the bail grated to accused- respondents by this Court's order dated 03.01.2013.
6. Application is, accordingly, rejected.
Order Date :- 25.2.2019
Manish Himwan