Heard learned counsel for the applicant as well as learned A.G.A. and Mr. R.N.S. Chauhan, learned counsel for the opposite party No.2 and perused the record.
The present application has been filed under Section 439 (2) Cr.P.C. for cancellation of bail of Manish Patel @ Anil (opposite party No.2) granted by this Court vide order dated 12.10.2018 passed in Bail Application No.8857 of 2018 (Manish Patel @ Anil vs. State).
Learned counsel for the applicant has submitted that Bail Application No.8857 of 2018 of the opposite party No.2 was allowed by this Court vide order dated 12.10.2018 in F.I.R. No.70 of 2018, under Sections 302/201 I.P.C., P.S. Bighapur, District Unnao. In the aforesaid case, the charge sheet was filed on 31.03.2018 and the case was committed to the court of Session and trial is pending in the court of Additional Sessions Judge, Court No.3, Unnao, but threat was being given to the applicant by the accused persons. In this regard, on 07.01.2021, an application was moved by the applicant to the Superintendent of Police, Unnao and the Director General of Police, U.P. with the request that accused persons are trying to threat for compromise, therefore, the proceeding under the provisions of Gangster Act, N.S.A. Act and Goonda Act may be initiated against them and proper security may also be provided to him.
Learned counsel for the applicant has further submitted that the proceeding under Sections 151, 107 and 116 Cr.P.C. was initiated by S.I. of Police Station Bighapur, District Unnao with the fact that he was on the duty in Ward No.8, Tilak Nagar, P.S. Bighapur and on hearing the noise of quarrel, he went to the place of incident, then he found that one Vineet Kumar @ Munshi S/o Shanti Kumar and three other persons along with Jalaluddin @ Lali S/o Vali Mohammad were quarreling and he tried to make understanding between them, but they were aggressive, therefore, to avoid any serious incident, the preventive action was taken against Vineet Kumar @ Munshi, Aniket Kumar @ Golu and they were taken into custody and the Manish Patel @ Anil (opposite party No.2) ran away from the spot, and challani report dated 31.12.2018 was sent to S.D.M. Bighapur, District Unnao. He also submitted that the aforesaid act of the opposite party No.2 is a clear violation of the conditions of bail granted by this Court on 12.10.2018. Therefore, the present application for cancellation of bail is liable to be allowed.
Learned counsel for the opposite party No.2 has vehemently opposed the prayer of the applicant and submitted that he has categorically mentioned in his counter affidavit that the aforesaid report was prepared with the collusion of police officers. He also submitted that deliberately, the F.I.R. was lodged in relation to the threat given to the witnesses and if any F.I.R. was lodged then that has to be investigated properly, therefore, the aforesaid challani report dated 31.12.2018 relied by the learned counsel for the applicant is not reliable. He also submitted that deliberately no any F.I.R. was lodged by the applicant in relation to threat because he knows well that, that will be investigated in detail. Therefore, the application for cancellation of bail is liable to be rejected.
Considering the arguments of learned counsel for the parties and going through the records, the application for cancellation of bail is hereby rejected.
As in compliance of order dated 04.02.2021, opposite party No.2 was taken into custody, therefore, C.J.M., Unnao and Jail Superintendent, District Jail Unnao are directed to release opposite party No.2 namely Manish Patel @ Anil forthwith unless wanted in any other case.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 S. Shivhare