Court No. - 52
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 3700 of 2015 Applicant :- Manik Chand Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Pathak,O.P. Verma Counsel for Opposite Party :- Govt. Advocate,Shiv Dayal Singh
Hon'ble Rajul Bhargava,J.
The present bail cancellation application has been filed for cancellation of bail granted to opposite party no. 2 in Case Crime no. 403 of 2014, u/s 302 IPC, P.S. Bahariabad, District Ghazipur by the Additional Session Judge, Ghazipur vide order dated 9.9.2014.
Learned counsel for the applicant submitted that there was extrajudicial confession of co-accused before the police in which he has specifically stated that it was the opposite party no. 2 who had murdered the deceased yet the trial court without considering that evidence had granted bail.
I have carefully gone through the order dated 9.9.2014. I do not find any infirmity or impropriety in the order, the case rests on circumstantial evidence; the opposite party no. 2 was not named in the F.I.R., his name surfaced during investigation; beside it, it is well settled that the parameters for grant of cancellation of bail are entirely different. In the present case, learned counsel for the applicant could not point out that after his release on bail he has made any attempt to tamper with the prosecution witnesses or is not co-operating with the trial.
The bail cancellation application has no force and the same is rejected.
Order Date :- 28.2.2019 Dhirendra/