Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14918 of 2006 Petitioner :- State Of U.P. Respondent :- Vikas Yadav Petitioner Counsel :- A.G.A. Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Learned counsel for the applicant submitted that the present application
for cancellation of the bail was filed on behalf of State for cancellation
of the bail order dated 25.1.2006 passed in Case Crime No. 196 of
1992, under Sections 147, 323, 452, 504 IPC, P.S. Kavi Nagar, District-
Ghaziabad. On the aforesaid application notices were issued on 24th
August, 2006. After service of notice counter affidavit was served and
filed on 24th August. Learned A.G.A. was allowed two weeks’ for filing
rejoinder affidavit but till date no rejoinder affidavit has been filed.
In para 4 of the counter affidavit it has been mentioned that the opposite
party Vikas Yadav was already in custody in case crime no. 196 of
1992, under Sections 147, 323, 452, 504 IPC, P.S. Kavi Nagar, District-
Ghaziabad, in which the trial is pending before the Court of A.C.J.M.
IInd, Ghaziabad, as case no. 464 of 2007. Since the aforesaid averment
is uncontroverted. Hence the present application for cancellation of the
bail filed in the year 2006 has become infructuous.
Accordingly, the same is hereby rejected.
Order Date :- 5.1.2010
ANT