HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 11791 of 2015 Applicant :- Noor Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.L. Kesharwani,Ajay Tiwari,Shamsuddin Ahmad Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Learned counsel for the applicant has filed rejoinder affidavit, which is taken on record.
Heard Sri Sangam Lal Kesherwani, learned counsel for the applicant, Sri Rajeev Bhargawa, learned Senior Advocate, assisted by Ms. Zia Naz Zaidi, learned counsel for the accused-opposite party no.2, and Sri Nikhil Chaturvedi, learned AGA appearing for the State.
This application has been filed by the applicant for cancelling the bail granting order dated 11.09.2014 passed by this Court in Criminal Misc. Bail Application No. 25188 of 2014 (Kharoon @ Haroon Vs. State of U.P.), passed in Crime No. 408 of 2013, under Sections 147, 148, 149, 307, 452, 506, 323, IPC, Police Station Deoband, District Saharanpur and issue a direction that opposite party no.2 may be taken into custody forthwith.
Learned counsel for the applicant submits that after the accused-opposite party no.2 was enlarged on bail, he is threatening the witnesses and the family members of the applicant, hence his bail applicant may be cancelled.
The learned counsel for the accused opposite party no.2 has denied the aforesaid allegation and submitted that the present bail cancellation application has been filed for cancel the bail application of the accused-opposite party no.2, is a false and frivolous arguments, and he undertakes that applicant will cooperate with the trial and abide with the term and condition imposed on him.
I have perused the impugned order granting bail to opposite party no.2. No good ground is made out to cancel the bail of the opposite party no.2, hence the same is refused.
However, the trial court is directed to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
With the aforesaid observation, the present application stands disposed of.
Order Date :- 9.10.2015/VKG