Court No. - 27
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 2379 of 2018 Applicant :- State Of U.P. Opposite Party :- Nasir Counsel for Applicant :- A.G.A.
Counsel for Opposite Party :- Shahroze Khan
Hon'ble Aniruddha Singh,J.
This bail cancellation application has been moved by the State-applicant to cancel bail granted vide order dated 24.07.2017 passed by Special Judge/Additional Sessions Judge, Siddharthnagar in Bail application No.Nil of 2017 in Case Crime No. 1217 of 2016, under Section 3/5/8 of Cow Slaughter Act, 4/25 Arms Act and 3(1) of U.P.Gangster Act, Police Station Trilokpur, District Siddharthnagar.
Heard Sri P.K.Srivastava, learned counsel for the State-applicant and Sri Shahroze Khan, learned counsel for the complainant and perused the record.
Learned counsel for the State-applicant submits that this bail cancellation application may be disposed off with liberty to file afresh bail cancellation application before lower Court.
Learned counsel for the State-applicant submits that the order was passed without considering Section 19 Sub-section 4 of the said act and one case was shown in the gang-chart and the accused was 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.
Certify this judgment to the lower court immediately.
Order Date :- 31.10.2018 SKD