Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17740 of 2008 Petitioner :- Zahid Khan Respondent :- State Of U.P. Petitioner Counsel :- Shailendra Pratap Singh Respondent Counsel :- Govt. Advocate,S.K.Singh Hon'ble Arvind Kumar Tripathi,J.
List revised.
Heard learned counsel for the applicant.
Learned counsel for the applicant submitted that the accused-opposite party
no. 2 was convicted in a case under Section 302 I.P.C. by the court at Delhi,
against which appeal was pending and he was released on bail. When
applicant was on bail he has committed offence in the present case. However,
he was released on bail by Additional Sessions Judge/Special Judge SC/ST
Act, Ghaziabad vide order dated 30.05.2008. Hence, the bail order is liable to
be cancelled and accused-opposite party no. 2 be taken into custody.
From perusal of the record including the order dated 30.05.2008 by which the
accused-opposite party no. 2 was released on bail, it appears that there was
allegation that accused-opposite party no. 2 and two other accused fired,
causing injury on thigh. Four persons were nominated in the case. This fact
was considered by the court below that the opposite party no. 2 was convicted
in a case under Section 302 I.P.C. However, it appears that there was
allegation against 4-5 persons and the injury was on thigh. Hence, accused-
opposite no. 2 was released on bail vide order dated 30.05.2008. There is no
allegation of misuse of liberty of bail granted to the accused-opposite party
no. 2. Hence, I am not inclined to cancel the bail.
Accordingly, the present application for cancellation of bail is rejected.
Order Date :- 1.2.2010
SKG