B. P. SINGH, J. ( 1 ) AN application for bail (Crl. Misc. Bail Application No. 4771 of 1990) was moved on behalf of Kaya Prakash, who is being prosecuted for committing the offence under Sections 498-A, 304-B, IPC and 3/4 of the Dowry Prohibition Act, P. S. Murad Nagar, district Ghaziabad. ( 2 ) THE allegation in the affidavit of Pramod Kumar, which was filed along with the bail application, was that Anand Prakash was married to Smt. Santosh about 8 years back. The bail application was allowed on 25-4-1990. ( 3 ) NOW Brijeshwar Dayal Varma, the first informant of the case, has applied for cancellation of the bail. The notice of this application for cancellation of bail was served upon the accused and he has filed a counter-affidavit in reply to the application for cancellation of bail. ( 4 ) THE main ground of the applicant Brijeshwar Dayal Varma is that there was a mis-statement of fact in the affidavit of Pramod Kumar regarding the time as to when the marriage of the deceased had taken place with Anand Prakash. Pramod Kumar had alleged in the affidavit that the said marriage took place about 8 years back while the fact was that the said marriage between Smt. Santosh and Anand Prakash took place on 5/06/1985. One Shri Mahendra Singh has stated in the affidavit that the marriage of Smt. Santosh had taken place on 5-6-1985 according to Hindu rites and ceremonies. A photostat copy of the invitation card is (Annexure-1) and the papers indicating payments made to Darshan Tent House and Jai Hind Band have also been filed which go to show that the marriage between the deceased Smt. Santosh and Anand Prakash had taken place on 5-6-1985. In his counter affidavit the accused Kaya Prakash has reiterated that the marriage had taken place on 19-6-1982 and that the photostat copy of the invitation card was filed as (Annexure-A) to his counter-affidavit. ( 5 ) IT is really surprising that no such photostat copy of the invitation card was filed nor any one appeared on behalf of the accused on the date which was fixed for the disposal of the application for cancellation of bail although the name of Shri G. P. Dikshit, learned counsel for the accused was shown in the cause list. Since no one has come forward to controvert and challenge the assertion of Brijeshwar Dayal Verma that the marriage between Smt Santosh and Anand Prakash took place on 5-6-1985, the only possible conclusion is that the said marriage in fact took place on 5-6-1985 and the earlier assertion made on behalf of the accused in the affidavit of Promod Kumar was false. Since the statement of Pramod Kumar on affidavit that the marriage between the deceased and Anand Prakash had taken place about 8 years back was accepted as true on 25-4-1990 and, as such, the presumption against the accused was not available because the death was supposed to have taken place more than 7 years before the marrige. Now the position is different and the presumption against the accused is available. Where an accused obtains an order of bail in his favour by misrepresenting true facts and in fact by playing fraud upon the Court, such an order for bail is bound to be recalled. ( 6 ) THE application for cancellation of bail is allowed. The bail granted on 25-4-1990 is recalled. The bail of the accused is cancelled. He shall be taken into custody forthwith. Application allowed. .