JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor as well as counsel for the respondent No. 2. 2. The present petition has been filed under Section 439(2) Cr.P.C. against the bail order dated 29.10.2009. The main contention of the petitioner is that respondent No. 2 had misused the liberty given to him and he visited his house and threatened him. The report was also ledged for the same incident under Sections 107 and 116, Cr.P.C. The respondent was bound for keeping peace and good behaviour and hence facility of bail should be cancelled. 3. In reply to this, respondent No. 2 has specifically submitted that he never misused the liberty given to him. Three prosecution witnesses have already been examined and the petitioner is deliberately not coming to the Court for giving evidence and he never misused the liberty and rather, he filed the bond for keeping peace and good behaviour. It is also submitted that previously before the Sessions Court, the petition under Section 439 (2) has been submitted by the present petitioner and after considering the relevant factors, the learned Sessions Judge had dismissed that petition. No new facts have been emerged after that and hence this second petition, on the same ground, is not maintainable. 4. Respondent No. 2 was given liberty of bail in October, 2009 Now the trial is going on. No specific allegation of threat has been alleged against the present respondent. So far as report under Sections 107 and 116 Cr.P.C. is concerned, a bare perusal of report show that there are no specific date of allegation against the present respondent. The petitioner's omnibus statement is recorded in that complainant and in September, 2010, the present respondent was bound to keep peace and good behaviour. The respondent has not mis-used that bond and the respondent kept that bond also. Hence there are no legal grounds to entertain this petition. There are at all no grounds to cancel the liberty to bail given to the present respondent. 5. Hence this petition for cancellation of bail is devoid of any merit and is liable to be dismissed. 6. Therefore, the this petition for cancellation of bail of the petitioner is hereby dismissed.Petition dismissed. *******