Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25324 of 2007 Petitioner :- Suraj Pal Respondent :- State Of U.P. And Others. Petitioner Counsel :- Shailendra Awasthi,Vikrant Pandey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
List revised.
Counter affidavit has already been filed on behalf of accused-opposite party
no. 2.
Counsel for the applicant submitted that the witnesses of the facts namely
Mohar Singh, Giriraj Singh, Jugendra and Vikal have already been examined.
Hence at this stage there is no apprehension of tempering with evidence. The
independent witnesses Mohar Singh and Giriraj Singh have supported the
proseuction case. Hence they have been declared hostile, who are also eye
witnesses but did not disclose the name of the accused-opposite party nos. 2
and 3.
The bail application for cancellation was filed on the ground that the opposite
party nos. 2 and 3 are criminal in nature. Hence there was chances of
absconding tempering with the evidence. Further it was mentioned in the
affidavit that he would misuse the liberty of bail if bail is not cancelled.
The prosecution witnesses of fact have already been examined. In view of the
aforesaid fact, there is no ground for cancellation of the bail.
Accordingly, the present application for cancellation of bail is rejected.
Order Date :- 28.1.2010
ANT