Allahabad High Court
Yunus @ Kala vs State Of U.P. on 22 December, 2015
Bench: Arun Tandon, Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CRIMINAL APPEAL No. - 4908 of 2003
Appellant :- Yunus @ Kala
Respondent :- State Of U.P.
Counsel for Appellant :- Amit Misra,Brijesh Sahai,S.S. Giri,Sudhir Kumar Agrawal,Viresh Misra
Counsel for Respondent :- A.G.A.,D.N. Wali
Hon'ble Arun Tandon,J.
Hon'ble Harsh Kumar,J.
Bail cancellation application no. 225933 of 2015 along with the application to leave to file the application no. 225930 of 2015 were filed before this Court on behalf of one Arsi Malik on 12.10.2015 asking the Court to exercise suo moto power on the information supplied and to cancel the bail granted in favour of opposite party no. 1 i.e. Yunus @ Kala one of the appellant, who has committed heinous offences of kidnapping and attempt to murder, being Case Crime No. 290 of 2012, under Section 366 IPC and Case Crime No. 129 of 2012, under Section 307, 323, 504, 506 IPC, Police Station-Sahibabad, District-Ghaziabad during the period he was on bail in the present appeal. It has also been stated that a history sheet has also been opened against the said Yunus @ Kala.
The Division Bench of this Court while entertaining the present application granted time to the appellant to respond to the allegation made in the bail cancellation application vide order dated 30.11.2015.
The matter was listed again on 15.12.2015. A request was made on behalf of the counsel for the appellant for the case being adjourned to Friday i.e. 18.12.2015. Which request was again accepted and the matter was directed to be listed on 18.12.2015. On 18.12.2015 counsel for the appellant Sri Amit Mishra appeared and prayed for adjournment till 22.12.2015.
This Court, after recording the facts noticed above, granted the adjournment after specifically recording that if response is not made to the allegation made in the application for cancellation of the bail as well as those noticed in the order of the Court dated 18.12.2015 by the next date i.e. today, this Court will proceed to pass appropriate order on the bail cancellation application.
Nobody is present on behalf of the appellant even in the revised reading of the cause list.
The allegation made in the bail cancellation application qua two heinous offences having been committed by the accused appellant Yunus @ Kala and opening of history-sheet during this period have gone uncontroverted.
We are more than satisfied that in view of the aforesaid facts, a case of misuse of bail at the hands of Yunus @ Kala is more that writ large on record. The bail granted in favour of Yunus @ Kala is, therefore, liable to be cancelled.
Accordingly, we direct that the bail granted in favour of Yunus @ Kala in S.T. No. 251 of 2003 connected with S.T. No. 371 of 2003, under Sections 302 IPC read with Section 34 IPC, P.S. Sahibabad and under Section 27 of the Arms Act, P.S. Sahibabad, District-Ghaziabad under order dated 04.12.2007 is hereby cancelled.
Let accused appellant Yunus @ Kala be arrested forthwith.
A copy of this order may be forwarded to Chief Judicial Magistrate, Ghaziabad for necessary compliance.
The appeal be listed on its turn.
Order Date :- 22.12.2015
Pkb/
