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Allahabad High Court · body

2016 DIGILAW 2544 (ALL)

Ram Shanker v. State of U. P.

2016-07-21

KARUNA NAND BAJPAYEE

body2016
JUDGMENT Karuna Nand Bajpayee, J. This application has been moved with the prayer to cancel the bail granted to the opposite party nos.2 and 3 in case Crime No. 133 of 2016 u/s 498A, 304B IPC and Section 3/4 D.P. Act P.S. Kotwali Fatehgarh District Farrukhabad by court of Sessions. 2. Heard learned counsel for the applicant and learned A.G.A. 3. Learned counsel for the applicant has not been able to point out any such infirmity in the impugned bail order on the basis of which the same may be castigated. The bail has been granted by the Sessions Court after going through the relevant aspects of the case. The cause of death of the deceased has been described as a result of severe anaemia and she admittedly died in her parental house. The bail order reflects the judicial application of mind. Moreover it may be observed that granting the fresh bail and cancellation of the bail that has already been granted, are two different aspects and even in those cases where this court may have a different view that by itself is not considered to be a good ground to cancel the bail and thereby substitute the validly exercised judicial discretion of the court below by its own. The considerations of cancellation of bail are entirely different and the counsel has not been able to point out any such thing which may indicate that attempts to temper with the evidence have been made or attempts to obstruct the fair trial of the case have been resorted to by accused. Submissions made by the counsel were confined to the pure factual merits of the case which can also be made subject to criticism only if the impugned order granting bail reflects some gross error of fact or some such perversity or fallacious approach in the matter which no prudent judicial court may or should adopt. As has already been observed, this court does not find any such gross error of fact and perversity of approach in this matter. Application of seeking cancellation of bail lacks merit and therefore, the same is liable to be rejected. 4. With the aforesaid observations, this application stands rejected.