Allahabad High Court
Smt. Shahnaj vs State Of U.P. And Another on 23 July, 2010
Author: Arvind Kumar Tripathi
Bench: Arvind Kumar Tripathi
Court No. - 52 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 15187 of 2010 Petitioner :- Smt. Shahnaj Respondent :- State Of U.P. And Another Petitioner Counsel :- Manoj Kumar Mathur Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application for cancellation of the bail has been filed by the applicant against her husband O.P.No.2. The allegation was that Istridhan of the applicant was detained by the O.P.No.2 and the same has not been returned. The bail application of O.P. No.2 was allowed in Complaint Case No. 5725 of 2007 under Section 406 I.P.C., P.S. Loni, District Ghaziabad, on 21.10.2009, on the condition that within a month from the date of the order, he will return the entire Istridhan to the applicant. However, he did not comply that order, hence bail was cancelled. Subsequently, concealing the correct fact, it was alleged on behalf of the applicant that he was ready to return Istridhan, however, it was applicant who did not take her articles. Hence, in view of the facts, the bail application was allowed by order dated 12.1.2010. The learned counsel for the applicant further contended that in fact O.P.No.2 never offer to return the Istridhan. There was no compliance of the order dated 21.10.2009. Hence, he was not entitled for bail. By concealing the correct facts and mis-statment before court below he succeeded to get the bail. Hence, bail is liable to be cancelled.
Whether O.P.No.2 has offered to return Istridhan and whether applicant failed to receive the Istridhan has to be decided on the basis of evidence placed by the parteies. However, in view of the facts and circumstances, Additional Sessions Judge, court No.2, Ghaziabad, where the compliant is pending will ensure regarding return of the Istridhan to the applicant in compliance of the order dated 21.10.2009 and if the Istridhan is not returned in compliance of the order then the trial Court may cancel the bail.
Accordingly, present application for cancellation of bail is finally disposed off.
Order Date :- 23.7.2010/ S.A.A.Rizvi