Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 2199 of 2018 Applicant :- Ram Karan Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uma Shankar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Uma Shankar Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
This bail cancellation application has been filed against the order dated 13.02.2018 passed by learned Sessions Judge, Azamgarh in Case Crime No. 328 of 2017, under Sections 307, 323, 504 I.P.C, P.S. Sidhari, District Azamgarh against opposite party no.2 Kamlesh Yadav.
Learned counsel for the applicant submitted that after granting bail opposite party no.2 is threatening the witnesses and misusing the liberty of bail. The bail of opposite party no.2 has wrongly been granted, gunshot fire has been shown against him.
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.
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.
This bail cancellation application has not been moved by the State.
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 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 :- 28.3.2018 A. Tripathi