Court No. - 41
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 32355 of 2017 Applicant :- Smt. Vimla Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
The present bail cancellation application has been filed by the applicant with a prayer to cancel the bail of opposite party no. 2 (Manoj Kumar) granted vide order dated 25.5.2017 by Additional Sessions Judge, Count No. 1, Bareilly in Bail Application No. 1147 of 2017 in Crime No. 598 of 2015, under Sections 420, 467, 468, 471, 120B, 504, 506 I.P.C., Police Station Kotwali, District Bareilly whereby opposite party no. 2 has been enlarged on bail.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant submitted that no application for cancellation of bail was moved before the trial court/concerned court. It will be proper to move first bail cancellation application before the court concerned.
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 commit 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, that 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 of with liberty to the applicant to file a fresh bail cancellation application before the lower court.
Certify this judgment to the lower court immediately.
Order Date :- 27.8.2018 Puspendra