Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22718 of 2009 Petitioner :- Veerpal Singh @ Ghurai Respondent :- State Of U.P. Petitioner Counsel :- Anjani Kumar Dubey Respondent Counsel :- Govt. Advocate 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 on the basis of false
allegation the First Information Report was lodged, hence he is entitled
for bail. The prayer of co-accused Ram Keshav alias Laddu was
allowed by learned Additional Sessions Judge, Kannauj by order dated
23.9.2009.
Learned A.G.A. opposed the prayer of bail on the ground that there is
clear allegation against the applicant. Admittedly there was enmity in
between the parties. According to the prosecutrix, the applicant used to
visit the house to meet his brother-in-law Sushil and he had illicit
relation with his wife. When the objection was raised by the injured
and he was asked not to visit the house, then the applicant was annoyed.
He along with his associate Ram Keshav alias Laddoo had thrown acid
on the face of the injured Leelawati. There was acid burn injuries on
all over the face. According to the doctor the injuries were grievious in
nature. He also contended that the bail of the applicant was rejected by
the court below on 29.7.2009 and the prayer of co-accused was allowed
on 23.9.2009. It appears that the aforesaid fact was not informed to the
court. The order regarding rejection of bail was not communicated to
the court below when the bail was allowed to Ram Keshav alias
Laddoo. Hence by concealment of the fact the bail was obtained. This
fact has not been considered.
In view of the above, no interfere is required with this bail application
and the prosecution is free to move bail cancellation application in that
case. This bail application is accordingly rejected.
Office to communicate this order to the concerned District Judge for
compliance.
Order Date :- 8.7.2010
Rk