Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 2166 of 2018 Applicant :- Pooja Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA, and perused the record.
This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 8.1.2018 passed by Sessions Judge, Gautam Buddha Nagar in Bail Application No. 20 of 2018, in pursuance of Case Crime No. 1096 of 2017 under Sections 307, 323, 504, 506 IPC, Police Station Noida Phase-3, District Gautam Buddha Nagar whereby Deepak Rajpoot, opposite party no.2 was enlarged on bail.
Learned counsel for the applicant/complainant submitted that initially NCR was lodged and subsequently offence was converted under Sections 307, 323, 504, 506 IPC; accused has criminal history of several cases and on concealment of facts, bail was obtained by the accused. It is admitted that there is dispute between both the parties and one case under Section 376 IPC was also lodged against this accused on the basis of suspicion.
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. 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 of Sessions Courts find that the accused has misused the privilege of bail.
7. If the life of the accused itself be in danger.
Ground shown in the application are not sufficient to cancel the bail granted to the accused/opposite party No.2.
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 dismissed with liberty to file fresh 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 :- 27.2.2018 P.P.