This court rejected an application by the complainant to cancel bail granted in a murder case. Found lack of grounds as factual allegations regarding witness threat and condition violation are to be adjudicated by the trial court. Directed complainant to file fresh application before the trial court.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 82 of 2019
Applicant :- Mohd. Aslam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhawani Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant/complainant, 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 9.2.2017 by Hon'ble Mr. Justice Amar Singh Chauhan in Criminal Misc. Bail application No.2853 of 2017 in Case Crime No. 3 of 2016, under Sections 302, 201, 34 I.P.C., Police Station Agauta, District Bulandshahar whereby opposite party Nos. 2 Akbar has been enlarged on bail.
Learned counsel for the complainant/applicant submitted that the opposite party no.2-Akbar is threatening the witnesses and violating the conditions imposed by the Court vide order dated 9.2.2017.
From perusal of the record, this Court finds no ground to cancel the bail granted by the Court.
Ground of cancellation of bail is related to facts which cannot be adjudicated by this Court and it can be decided by the trial court where the case is pending for trial.
However, if the complainant/applicant has any grievance that opposite party no.2 Akbar is violating the conditions imposed by the Court vide order dated 9.2.2017 he shall be at liberty to file a fresh bail cancellation application before the trial Court/ court concerned for cancelling the bail of opposite party no.2 Akbar raising all objections/ points raised in this Court, before court concerned. It is expected from the trial Court to decide the same on merit expeditiously in accordance with law without being influenced by this order.
The application is disposed of.
Order Date :- 28.3.2019 OP
2 issues framed by the court
Whether grounds of witness-threatening and violation of bail conditions by the accused warrant cancellation of bail at this stage.
Whether allegations against an accused pending before a trial court can be removed from judgment during bail cancellation exercise.
Mohd. Aslam
State Of U.P.
Akbar
Aniruddha Singh
As recorded by the court registry
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