Allahabad High Court
Kamala Prashad Yadav vs State Of U.P. And Another on 20 August, 2019
Author: Aniruddha Singh
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 234 of 2019 Applicant :- Kamala Prashad Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamal Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant/complainant and learned A.G.A. for the State and perused the record.
This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 29.6.2019 passed by learned Sessions Judge, Jaunpur in Bail application No.938 of 2019 in Case Crime No. 205 of 2019, under Sections 302, 120B I.P.C., Police Station Sarany Khwaja, District Jaunpur whereby opposite party Nos. 2-Jiledar Yadav (J.D.) has been enlarged on bail.
Sri Kamal Singh Yadav, learned counsel for the applicant/complainant submitted that the opposite party no.2-Jitendra Yadav (J.D.) is threatening the witnesses and violating the conditions imposed by the learned Sessions Judge, Jaunpur vide order dated 29.6.2019.
All the issues raised by learned counsel for the applicant/complainant before this Court can be very well raised before the court below at the time of hearing of bail cancellation application.
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 the applicant to file a fresh bail cancellation application before the trial Court and if applicant files a fresh bail cancellation application before the trial court, 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 :- 20.8.2019 OP