Court No. - 23
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 8379 of 2017 Applicant :- Pushpendra Singh @ Rahul Singh Opposite Party :- State Of U.P.And Anr.
Counsel for Applicant :- Ashutosh Yadav,Abhilasha Singh,Shyam Lal Counsel for Opposite Party :- G.A.,Hemendra Pratap Singh
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed today is taken on record.
Heard Mr. Ashutosh Yadav, learned counsel for the applicant and Mr. Hemendra Pratap Singh, learned counsel for the opposite party.
This bail cancellation application has been moved against the accused Gaurav Goel, opposite party no. 2 who has been granted bail by Sessions Judge, Aligarh in Case Crime No. 885 of 2016, under Sections 307, 504 I.P.C., P.S. Quarsi, District Aligarh vide order dated 12.12.2016.
Learned counsel for the applicant submitted that the order was passed against the fact and law. Learned counsel for the opposite party opposed and submitted that no bail cancellation application has been filed on behalf of the State.
Considered the submissions and perused the record. 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 of cancellation is related to facts which can not be adjudicated by this Court and it can be decided by the trial Court where the case is pending for trial.
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 Sessions Judge, not before the High Court, hence this application is disposed of with liberty to file fresh bail cancellation application before the trial Court and if it is filed, 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 :- 29.3.2018 Su