HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18181 of 2011 Petitioner :- Ghan Shyam Respondent :- State Of U.P. Petitioner Counsel :- Sharad Chandra Singh,M.P. Pandey Respondent Counsel :- Govt.Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the record.
This present bail cancellation application has been filed with a prayer to set aside the bail granting order dated 2.6.2011 passed by Sessions Judge, Bhadohi.
Learned counsel for the applicant contended that the applicant is complainant in the present case. Due to enmity, the opp. party no. 2 along with other co accused assaulted with lathi and danda and caused injuries to the applicant/ complainant. The non cognizable report was lodged on 20.5.2011 under section 323, 504 and 506 IPC. Subsequently, Section 308 IPC was added and the FIR was lodged. However, opp. party no. 2 has been released on bail. After his released on bail, he started threatening the complainant. There is danger to life and liberty of the applicant/complainant. Regarding which an application was given before Station House Officer , Gyanpur as well as Superintendent of Police Bhadohi, but no action has been taken. Since, there was a threat of life and liberty of the applicant /complainant, hence, the bail granted by Sessions Judge, Bhadohi on 2.6.2011 is liable to be cancelled.
From perusal of the record and bail granting order dated 2.6.2011, it is clear that it was a cross case, hence, the prayer for bail was allowed. There is only allegation of threat and no overt act has been assigned to the opp. party no. 2, hence, it is not a fit case for cancellation of bail at this stage.
The bail cancellation application is accordingly rejected.
Order Date :- 18.7.2011 Gss