Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 9179 of 2014 Applicant :- Smt. Kamlesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- A. Kumar Singh Counsel for Opposite Party :- Govt.Advocate,Amit Daga
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA, and perused the record. Learned counsel for opposite party Nos. 2 & 3 is not present.
This bail cancellation application has been moved by the applicant/complainant to cancel bail order dated 5.2.2014 passed by Incharge Sessions Judge, Etah in Bail Application No. 145 of 2014 in pursuance of Case Crime No. 86 of 2014 under Sections 307, 323, 504 IPC, Police Station Kotwali Nagar, Etah whereby accused/opposite party Nos. 2 and 3 namely, Rakesh Kumar and Smt. Sudha were granted bail.
Ground stated in the bail cancellation application is that accused have threatened the complainant after passing of bail order, and hence it is misuse and violation of condition of bail order dated 5.2.2014.
Learned counsel for the complainant/applicant has not given any evidence in support of his contention. However, he wants liberty to file fresh bail application before the trial Court.
Moreover, in view of law laid down in the case of Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and another ( 2014) 10 SCC 754, this application would lie before the Court of Session Judge not before the High Court, hence application is disposed of with liberty to file fresh bail cancellation application before the trial Court and if he files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.
Certify this judgment to the lower court immediately.
Order Date :- 23.2.2018 P.P.