Order cancelling bail of opposite party no. 2 for failure to deposit Rs. 5 lacs demand draft as conditioned in the earlier bail order within the stipulated period.
Bail of opposite party no. 2 ordered cancelled under Section 439(2) Cr.P.C. for breach of conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 96 of 2019
Applicant :- Brahm Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant and learned AGA for the State.
As per the office report dated 19.8.2019, the notice was issued and served to opposite party no. 2, but neither any counter affidavit has been filed nor anyone has put in appearance on his behalf.
This is the bail cancellation under Section 439 (2) of Cr.P.C., for cancelling the bail granted to the opposite party No. 2 vide order dated 14.9.2018, passed in Criminal Misc. Bail Application No. 34807 of 2018, under Section 420, 467, 468, 471, 323, 504, 506, IPC Police Station Rabupura, District- Gautam Budh Nagar.
The record reflects that the applicant is directed to be released on bail for a period of three months and during that period he will arrange and make demand draft of Rs. 5 lacs in favour of the informant and deposit the same before CJM, concerned, who shall release the demand draft to the informant (present applicant).
It is stated, in Paragraph no. 6 of the affidavit filed in support of the present bail application that after the release from jail, opposite party no. 2 could not deposit the demand draft of Rs. 5 lacs, in his favour and failed to comply with the order. The bail order dated 14.9.2018, further indicates that in case of breach of any of the condition the complainant is free to move the application for cancellation of bail before this Court.
On the forgoing paragraph, it is apparent that opposite party no. 2 was released on bail for a period of three months and after the expiry of three months, if he neither surrender before the court below nor deposit Rs. 5 lacs to the concerned court and under these circumstances, the Court will be left with no other option but to cancel the bail of opposite party no. 2, which was granted on 14.9.2018, in Criminal Misc. Bail Application No.34807 of 2018.
This order shall communicated to the court concerned for immediate action.
Order Date :- 8.10.2021 Sweety
1 issue framed by the court
Whether bail granted to opposite party no. 2 should be cancelled for non-deposit of demand draft within stipulated period.
2 provisions across 2 enactments
Brahm Prakash
State of U.P.
Another
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
