Court No. - 49 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 380 of 2010 Petitioner :- Manoj Tyagi Respondent :- State Of U.P. & Another Petitioner Counsel :- V.K. Jaiswal Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of the impugned order dated 6.7.2010, the criminal misc. bail
application No.1123 of 2010 (Ravindra Vs. State) has been transferred by the
Sessions Judge, Gautam Budh Nagar from the Court of Ist Additional District
Judge to the Court of IInd Additional Sessions Judge, Gautam Budh Nagar.
Learned counsel for the applicant stated that the applicant apprehends that
there will not be a fair hearing of the bail application in case, the same is
heard by the transferee Court.
After going through the materials brought on record, the said apprehension is
wholly unfounded and baseless and not supported by any substantive
evidence.
However, considering the fact that the applicant has certain reservations about
the bail application being heard by the transferee court, it is directed that the
Sessions Judge, Gautam Budh Nagar shall transfer the criminal Misc. Bail
Application No.1123 of 2010 to any other Court except the Courts of Ist & II
Additional Sessions Judge.
Subject to the aforesaid observations, the transfer application is disposed of.
Order Date :- 16.7.2010
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