Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 28036 of 2014 Applicant :- Sanjeev Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- Govt.Advocate,Neeraj Singh
Hon'ble Aniruddha Singh,J.
Heard Sri Amit Daga, learned counsel for the applicant learned A.G.A. and perused the record.
This bail cancellation application has been filed against the order dated 11.07.2014 passed by learned Additional District and Sessions Judge Court No.15 Muzaffarnagar in Criminal Misc. Bail Application No. 1959 of 2014 Dinesh Vs. State of U.P. & Criminal Misc. Bail Application No. 2230 of 2014 Harendra Vs. State of U.P. and in Criminal Misc. Bail Application No.2438 of 2014, Rajendra Vs. State of U.P. in Case Crime No. 140 of 2014, under Sections 323, 324, 307, 504 & 506 I.P.C, P.S.
Shamli, District Shamli against opposite party no.2 to 4.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Dinesh, Harendra, and Rajendra alleging that on 06.05.2014 at about 11:15 p.m. night they assaulted the injured Rajeev and he has received two injures which is incised wound one is on head and another on forearm caused by sharp edged weapon.
Learned counsel for the applicant/complainant submitted that the case of opposite party nos. 2 to 4 was not fit for bail. The injury of the injured Rajeev was grievous in nature i.e. on head. They have also misused the liberty of bail by threatening the applicant/complainant. The injury report, x-ray report and supplementary report was present at the time of granting bail but by ignoring the evidence the trial court has wrongly granted the bail of all accused persons.
From the perusal of the record of the lower court and impugned order there was no criminal history against accused persons. According to the injury report no offence under Section 307 I.P.C. was made out against them. The name of sharp edged weapon was not disclosed. The injuries found on the body of the injured are simple in nature not dangerous to life.
From the perusal of the record there is no evidence against the opposite party nos. 2 to 4 showing that they have obtained bail by concealing any material facts or by violating any of the conditions imposed by the court. It is also pertinent to mention here that this bail cancellation application has not been moved by the State. In my opinion the bail cancellation application may not be allowed in a routine and casual manner.
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.
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 :- 23.2.2018 A. Tripathi