Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 2159 of 2018 Applicant :- Salamuddeen Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the parties and perused the record.
This bail cancellation application has been moved by the applicant/complainant to cancel the bail order dated 13.10.2017 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 31186 of 2017 in pursuance of Case Crime No. 441 of 2017 under Sections 147, 148, 149, 307, 323, 336 IPC, Police Station Shikohabad, District Firozabad whereby Mohd. Rais Babu s/o Munna, accused/opposite party was granted bail.
Learned counsel for the applicant/complainant challenged the bail order alleging that during interim bail, opposite party No. 2 threatened and abused the applicant/complainant and pressurized to withdraw the case.
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.
It is pertinent to mention here that there is no evidence or material before this Court to prove the allegation made in the bail cancellation application. Allegation made only on the ground of argument, cannot be believed.
It is also pertinent to mention here that this bail cancellation application has not been moved by the State.
Accordingly, present bail cancellation application is disposed of with liberty to file fresh bail cancellation application before the trial Court and if he files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law without being affected by this order.
Certify this judgment to the lower court immediately.
Order Date :- 23.2.2018 A. Singh