Court No. - 41
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 15607 of 2017
Applicant :- Shakeel Ahmed Siddiqui Opposite Party :- State Of U.P. & 3 Others Counsel for Applicant :- Sushil Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
List has been revised.
No one is present on behalf of the applicant. Learned A.G.A. is present.
The present bail cancellation application has been filed by the applicant with a prayer to cancel the bail orders dated 13.7.2015 and 23.7.2015 passed by Incharge Session Judge, Kanpur Nagar in Bail Application No. 1839 of 2015, Deepak Jaiswal and others Vs. State of U.P. in Case Crime No. 244 of 2014, under Sections 409, 342, 506, 120-B I.P.C. Police Station Fazal Ganj, District Kanpur Nagar whereby opposite parties no. 2 to 4, namely, Deepak Jaiswal, Vikas Jaiswal and Jyoti Jaiswal have been enlarged on bail.
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."
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 off with liberty to file afresh bail cancellation application before the trial Court and if applicant files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.
Accordingly, present application is disposed off with liberty to the applicant to file a fresh bail cancellation application before the lower court / court concerned.
Certify this judgment to the lower court immediately.
Order Date :- 27.8.2018 NS