Court No. - 67
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 367 of 2021 Applicant :- Gulzar Opposite Party :- State Of U.P Through Principal Secretary (Home) And Another Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of instant bail cancellation application, the applicant who is the informant of the FIR is challenging the bail granting order dated 01.07.2021 by which he has allowed the bail application of the applicant bearing number 1160 of 2021.
Learned counsel for the applicant has tried to float number of arguments showing the pours in the impugned order dated 01.07.2021 but have miserably failed to bring his submissions within four corners of bail cancellation order prescribed by Hon'ble the Apex Court in the case of Myakala Dharmarajam & Ors. vs. The State of Telangana: 2020 (2) SCC 743, part of which is quoted hereinbelow :-
In "Raghubir Singh Vs. State of Bihar", this Court held that bail can be cancelled where (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of his fleeing to another country, (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety, etc."
Learned A.G.A. have defended the order of learned Sessions Judge granting bail to the accused.
I have perused the order impugned passed by learned Additional Sessions Judge, POCSO Act, Hapur and I do not find any illegality or perversity in the order impugned dated 01.07.2021.
Accordingly, the present bail cancellation application stands rejected.
Digitally signed by RAHUL Order Date :- 29.10.2021/Sumit S CHATURVEDI Date: 2021.11.02 10:41:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad