Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12530 of 2008 Petitioner :- Smt. Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- V.N. Pandey Respondent Counsel :- Govt. Advocate,K.D.Tiwari Hon'ble Arvind Kumar Tripathi,J.
This application for cancellation of bail. The bail was allowed by order dated
22nd February 2008 by the then Sessions Judge Kushinagar in case crime No.
606 of 2007 under Section 364 I.P.C. P.S. Tarya Sujan, District Kushinagar.
Learned counsel for the applicant contended that the counter affidavit has
been filed on behalf of opposite party nos. 2 and 3. Notice was issued on 4th
November 2008. However, no rejoinder affidavit has been filed.
Learned counsel for the applicant contended that the case was filed regarding
kidnapping of six years old minor child who has not been recovered. Hence
the bail is liable to be cancelled. It is also contended that accused were
threatening to applicant and her witness to give evidence in their favour.
Learned counsel for opposite party 2 and 3 contended that the bail was never
misused by the applicant. There was no evidence regarding involvment of the
applicant. Merely on the basis of suspicion, applicants were falsely implicated
due to village rivalry. The alleged mobile number did not belong to the
applicant, hence the present application is liable to be rejected.
Considering the facts and circumstances of the case it appears that there was
no eye witness regarding kidnapping of son of informant. It was also stated
that an elephant came in the village on the date of alleged incident the boy
followed the elephant and after that it appears that body disappeared. Since
there was no witness and evidence against the applicant, hence his bail
application was allowed by the then Sessions Judge on 22nd February 2008.
There is no evidence or any specific allegation regarding misuse of the bail.
No complaint was made to any of the authorities. The bail cancellation
application was filed in April 2008. No good ground for cancellation of bail.
Accordingly present application is hereby rejected. The trial court is expected
to conclude the trial as expeditiously as possible without unreasonable delay
and without unnecessary adjournment.
Order Date :- 2.7.2010
Abhishek Sri.