Allahabad High Court High Court

Jitendra Kumar vs State Of U.P. & Another on 6 August, 2010

Allahabad High Court
Jitendra Kumar vs State Of U.P. & Another on 6 August, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. -
22933 of 2009

Petitioner :- Jitendra Kumar
Respondent :- State Of U.P. & Another
Petitioner Counsel :- M.K. Sharma
Respondent Counsel :- Govt. Advocate,I.B. Yadav

Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant and learned counsel for the
O.P.No.2.

The present bail cancellation application has been filed on the
ground that due to incorrect fact bail application was allowed by
the Sessions Judge, Ghaziabad.

Learned counsel for the applicant contended that theft was
committed in shop of accused-O.P. There was doubt regarding
theft on Jitendra son of applicant.

Learned counsel for the O.P.No.2 submitted that the allegation was
made against accused-O.P.No.2 on the basis of suspicion and in
defence since there was doubt against the Bittu @ Jitendra Pal son
of applicant in theft case.

From considering the impugned bail order dated 21.7.2009 no
interference is required because allegation was made against
accused-O.P.No.,2 on the basis of suspicion.

There is no allegation of misuse of bail, hence present application
for cancellation of bail is hereby rejected.

Order Date :- 6.8.2010
S.A.A.Rizvi