Court No. - 79
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 2282 of 2018 Applicant :- Ram Awadh Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.,Raj Nath Bhakta
Hon'ble Rajiv Joshi,J.
Heard Sri Arvind Kumar Singh, learned Counsel for the applicant and Sri Raj Nath Bhakta, learned Counsel for the opposite party no.2 and perused the record.
This is a bail cancellation application to set aide the order dated 25.01.2018 whereby the opposite party no.2 was granted bail in case crime no.25 of 2016, under Sections 406, 409, 419, 420, 467, 468, 471, 472, 474 I.P.C., Police Station Bankata, District Deoria during the pendency of trial.
It is contended by learned Counsel for the applicant that the bail order has been obtained by concealing the material fact but nothing has been said that what are the material facts, which the opposite party no.2 had concealed. It is next contended that she obtained the B.Ed degree on 25.10.2011 from Maharshi Daya Nand University, Rohtak (Haryana) and, therefore, she was eligible for appointment on the post of Assistant Teacher only. It is next contended by learned Counsel for the applicant that it is a case of the prosecution that the appointment has been obtained by the opposite party no.2 fraudulently.
On the other hand, learned Counsel for the opposite party no.2 has opposed the prayer as made in the bail cancellation application by stating that the offence is triable by Magistrate and the Court concerned has granted bail to the opposite party no.2 after considering every aspect of the matter.
Considering the submissions made by both side, I do not find any good ground to cancel the bail granted to the opposite party no.2.
The bail cancellation application is, accordingly, rejected.
Order Date :- 23.9.2021 S.P.