Court No. - 73
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 57 of 2019 Applicant :- Virendra Singh Arya Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari,Sunilkumartiwari
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for State and Sri Sunil Kumar Tiwari, learned counsel for opposite party no. 2.
The present transfer application has been filed making certain allegation against the Presiding Officer with regard to misbehave with counsel for the applicant and also with a prayer to transfer the Bail Application No. 06/495 of 2019, arising out of case crime no. 28 of 2019, under section 7 Prevention of Corruption Act, 1988, P.S. Civil Lines, District Meerut, pending in the court of Additional Sessions Judge/ Anti Corruption Act, Court No. 6, Meerut to any other competent court of District Meerut.
Learned counsel for the applicant submits that counsel for opposite party no. 2 is a senior most advocate and also Secretary of Bar Association, Meerut and several government counsel are influenced with him, therefore, he could not opposed the bail application of opposite party no. 2. He further submits that under such facts and circumstances, the case should be transferred before other competent court or any other district.
Sri Sunil Kumar Tiwari, learned counsel for opposite party no.
2 as well as learned AGA has vehemently opposed the allegation levelled by learned counsel for the applicant, but Mr. Tiwari, learned counsel for opposite party no. 2 fairly submitted that he has no objection in case Court may transfer bail application to any other competent Court.
Under such facts and circumstances of the case, Court is of the view that the allegation levelled against the Presiding Officer is absolutely bad and does not create any ground for transfer of the bail application, but considering the fair submission of learned counsel for opposite party no. 2, learned District Judge, Meerut is directed to transfer the bail application in any other competent court within three days from the date of production of certified copy of the order.
Accordingly, the transfer application is disposed of. Order Date :- 28.2.2019 Arvind