Court No. - 23
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 6404 of 2017 Applicant :- Karamat Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anant Ram Gupta Counsel for Opposite Party :- G.A.,Om Prakash
Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Anant Ram Gupta, learned Counsel for applicant and learned AGA for State.
2. No one is appeared on behalf of opposite party no.2.
3. This is an application moved by Karamat Ali seeking cancellation of bail granted to accused-respondent Yunus S/o Waheed Khan by this Court vide order dated 17.01.2017 passed in Criminal Misc. Bail Application No.2193 of 2017 involved in Case Crime No.120 of 2016, under Sections 147, 148, 149, 364-A, 341 IPC, Police Station Narkhi, District Firozabad.
4. Learned Counsel for applicant submitted that accused- respondent is misusing the liberty of bail continuously by not appearing in lower Court. He has further contended that accused-respondent has assaulted PWs - 1, 2 and 3 after released on bail and he is absconding since 18.09.2017.
5. Per-contra, learned AGA opposed the submission raised by learned Counsel for applicant by submitting that bail order itself contended that in case, accused is misused the liberty of bail during trial, Trial Court treating it as abuse of liberty of bail and shall pass appropriate order.
6. If the contention of applicant that accused is absconded is assumed to be true, Trial Court would have already taken an action against accused in breach of any condition enumerated in the bail order and this application for cancellation of bail become infructuous.
7. Bail cancellation application is rejected accordingly.
Order Date :- 26.2.2019 I.A.Siddiqui