Court No. - 34
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 9163 of 2017 Applicant :- Smt. Rajeshwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishesh Kumar Counsel for Opposite Party :- G.A.,Gaurav Kakkar
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Vishesh Kumar, learned counsel for applicant, Sri Praveen Kumar Mishra, Advocate holding brief of Sri Gaurav Kakkar, learned counsel for opposite parties- 2, 3 and 4 and learned AGA for State of U.P.
2. This is an application seeking cancellation of bail of opposite parties-2 to 4, who have been enlarged on bail vide order dated 10.01.2017 passed by learned Sessions Judge, Jhansi, in Bail Application No. 13 of 2017, in Case Crime No. 296 of 2016, under Sections 498-A, 323, 506, 307, 313, 120-B IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mauranipur, District Jhansi.
3. Learned counsel for applicant submitted that accused- respondents threatened applicant and his family members on 11.02.2017 and report has been lodged by Senior Superintendent of Police, Jhansi on 15.02.2017 but in para 18 of counter affidavit sworn by Sri Pradeep Kumar Niranjan on behalf of opposite parties- 2 to 4, it is clearly said that Pradeep Niranjan was in Datiya (Madhya Pradesh) and went to visit temple on the date of incident i.e. on 11.02.2017. In reply to para 18 of counter affidavit, in para 12 of rejoinder affidavit applicant has said that accused persons after release on bail, had several times ransacked her house in order to create pressure upon her to withdraw present criminal proceedings initiated against them. Allegation with respect to incident occurred on 11.02.2017 is based on incorrect facts, therefore, I do not find any justification to cancel bail of opposite parties 2 to 4.
4. Dismissed accordingly.
Order Date :- 30.7.2019 Siddhant Sahu