IMPORTANT POINT
The nature of crime and subsequent conduct of the accused are relevant factors for cancellation of bail.

ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. Against the grant of bail in favour of the Respondent No.1-accused viz. Vishnu Narain Shivpuri, the complainant has filed the above appeal.

4. Respondent No.1 was charged under Sections 342, 326-B and 506 of the Indian Penal Code. The bail application was filed initially before the Sessions Court. After taking note of all the materials and the seriousness of the allegations levelled against him, the Sessions Court rejected his bail application. Thereafter, he preferred an appeal before the High Court. The High Court by the impugned order after taking note of the submissions made by both the sides and considering the injury report as well as other factual matrix and without expressing any opinion on the merits of the case, released Respondent No. 1 (herein) on bail. The said order is under challenge by the complainant in the present appeal.

5. By order dated 23.01.2014, this Court issued notice to respondents. Pursuant to the same, the Respondent No.2-State viz. Superintendent of Police, Trans Gomti, Lucknow, filed counter affidavit highlighting the cases between the parties and conduct of the Respondent No.1-accused after grant of bail by the High Court order dated 16.01.2014. Among the various information, the assertion in paras 12 and 14 of the counter affidavit of the Superintendent of Police dated 05.02.2014 are relevant which read as under:

"It is submitted that the T-shirt in FIR No. 293/13 was sent for examination to the Forensic Science Laboratory, Lucknow. The chemical examination of the t-shirt worn by the complainant/petitioner at the time of incident confirms the presence of 'Sulphuric Acid'. It is the case of the answering respondent that vide report No.11 dated 01.02.2004 P.S. Mahanagar Lucknow while patrolling at Papermill Colony it came to the knowledge that the Respondent No.1, a resident of Papermill Colony, Nishatganj, after being enlarged on bail was found telling people in the locality that he went to jail for throwing Sulphuric Acid on his wife namely Pooja Bhatia i.e. the petitioner herein and whenever he will again get a chance, will do the same to his wife in order to damage/cause injury to her face."

[Emphasis supplied]

6. Apart from the above assertion made by the Superintendent of Police, who is a highest police officer of the District, learned counsel appearing on behalf of the respondent-Sate during the course of hearing has brought to our notice the order passed by the Additional City Magistrate (5th), Lucknow in Case No. 107/2014 under Section 110G of Cr.P.C. which shows that pursuant to the action of the Respondent No.1 as revealed in report dated 15.02.2014, the above proceedings were initiated and the following information in the said proceeding dated 19.02.2014 which are relevant for the purpose of disposal of this appeal reads as under:

IN THE COURT OF ADDITIONAL CITY

MAGISTRATE (5TH), LUCKNOW

CASE NO. 107/2014

UNDER SECTON 110G OF CR.P.C.

P.S. LUCKNOW CITY

STATE VS. VISHNU NARAYAN, SHIVPURAI

CASE fixed on:

ORDER

UNDER 110/111 OF CRL.P.C.

It was revealed in the report dated 15.02.2014 of In-charge Inspector/SHO, City sent under Section 110 of Crl.P.C. which was received with the approval of C.O., City, that Vishnu Narayan Shivpuri S/o. Late Pratap Narayan Shivpuri, P.S. City Lucknow is a cunning criminal. Common public is quite perturbed and terrorized by his criminal acts. Every day he used to intimidate the common public, because of which witnesses avoids to depose against him. On the above basis, request was made to restrain him on heavy security and bail bond. Therefore, I S.K. Mishra, Addl. City Magistrate, 5th Lucknow feeling satisfied by above report of In-charge, Lucknow P.S., do hereby direct that he shall appear in my Court on the prescribed date and cite that why should personal bail bond of Rs.25,000/- and two securities of similar amounts be not taken from him in order to maintain peace for a year? Order issued today on 19.02.2