Court No. - 50
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 12596 of 2017 Applicant :- Prabhawati Pandey Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Paritosh Kumar Malviya Counsel for Opposite Party :- G.A.,Arvind Kumar Mishra
Hon'ble Aniruddha Singh,J.
List has been revised. Learned counsel for both the parties are absent.
This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 5.8.2016 passed by learned Sessions Judge, Siddharthnagar in Bail application No.638 of 2016 in Case Crime No. 1039 of 2016, under Section 304 I.P.C., Police Station Uska Bazar, District Siddharthnagar whereby opposite party Nos. 2 Omprakash Tiwari has been enlarged on bail.
All the issues raised by learned counsel for the applicant before this Court can be very well raised before the court below at the time of hearing of bail cancellation application.
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 :- 30.11.2018 OP