Single judge rejected modification of bail application granted to applicant who was an absconder facing non-bailable warrant for violating bail terms.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17329 of 2013
Applicant :- Naresh Agarwal Opposite Party :- State Of U.P. Counsel for Applicant :- S.K. Mishra,Rajeev Kumar Upadhyay Counsel for Opposite Party :- Govt. Advocate,Imran Ullah,S. Shekhar,Satish Trivedi
Hon'ble Arvind Kumar Mishra-I,J.
Order on Criminal Misc. Modification Application :-
Heard learned counsel for the applicant, Sri S. Shekhar, learned counsel for the informant and learned A.G.A. for the State.
The modification sought as per the averments contained in the modification application relates to the merit of the case, which, at this juncture, cannot be looked into because the bail application of the applicant has already been considered and disposed of on its merit and that order cannot be touched or reviewed as that would be against the interest of justice and no such circumstance exists either.
Learned A.G.A. brought to the notice of this Court that in this case, as per his information, the bail earlier granted by this Court to the applicant Naresh Agrawal has been cancelled and non-bailable warrant has been issued against him and he is at large and has not complied with the terms and conditions of the bail granted by this Court and that order cannot be modified just to suit the applicant, who is, for the time being, an absconder and against whom non-bailable warrant has been imposed.
Under the facts and circumstances of the case, no good ground is made out for modification.
The modification application hereby stands rejected .
Order Date :- 10.1.2019 S Rawat
Naresh Agarwal
Arvind Kumar Mishra
As recorded by the court registry
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