Court No. - 41
Criminal Misc. Bail (Cancellation) Application No.314952 of 2017 IN Case :- CRIMINAL APPEAL No. - 5500 of 2017 Appellant :- Mukesh Dhobi Respondent :- State Of U.P. & 2 Others Counsel for Appellant :- Vinay Kumar Singh,Rajesh Kumar Singh Counsel for Respondent :- G.A.,Shiv Kumar Singh Rajawat
Hon'ble Aniruddha Singh,J.
Heard Sri Vinay Kumar Singh, learned counsel for the appellant and Sri Shiv Kumar Singh Rajawat, learned counsel for the complainant.
This bail cancellation application has been moved by the appellant to cancel bail of respondent nos. 2 and 3 (Subhash Soni and Alok Soni) granted vide order dated 3.7.2017 passed by Special Judge, S.C./S.T. Act, Jhansi in Bail application No.9042 of 2017 (Subhash Soni and another vs. State of U.P.) whereby opposite party Nos. 2 and 3 have been enlarged on bail.
Sri Vinay Kumar Singh, learned counsel for the appellant submits that this bail cancellation application may be disposed off with liberty to file afresh before lower Court.
In the case of Shahzad Hasan Khan v. Ishtiq, AIR 1987 SC 1613, the Apex Court has held that in the absence of sufficient materials to show that the accused was threatening the informant, bail granted cannot be cancelled.
In the case of Daulat Ram Vs. State of Haryana, AIR 1995 SC 1998 it was held by the Hon'ble Apex Court that the order under this section may be passed on the following grounds:-
"1. When the accused is found tampering with the evidence either during the investigation or during the trial.
2. When the persons on bail commits similar offence or any heinous offence during the period of bail.
3. When the accused has absconded and trial of the case gets delayed on that account.
4. When the offence so committed by the accused had created serious law and order problem in the society and accused had become a hazard on the peaceful living of the people.
5. If the High Court finds that the lower Court granting bail has exercised its judicial power wrongly.
6. If the High Court or Sessions Courts find that the accused has misused the privilege of bail.
7. If the life of the accused itself be in danger."
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 off with liberty to file afresh bail cancellation application before the trial Court and if applicant 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 :- 21.8.2018 OP