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IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, J.
Abhai Nath Chaubey – Applicant
Versus
State Of U.P. And Another – Opposite Parties
Criminal Misc. Bail Cancellation Application No. - 44030 of 2017
Decided On : 10-12-2019
Cancellation of Bail - Criminal Procedure Code - Sections 439, 147, 148, 149, 302, 120 B - Summary
Fact of the Case:
The applicant sought the cancellation of bail granted to the accused, Ajay Singh, who was charged with the murder of the applicant's father. The applicant alleged that the murder was politically motivated due to his father's involvement in an election against a powerful political figure. The accused was described as a contract killer hired by the political figure, and the applicant's wife testified against him. The applicant also claimed that the accused threatened him and his family members.
Finding of the Court:
The court considered the circumstances of the case and the legal principles governing the cancellation of bail. It noted that the accused had a criminal history and was acquitted in some cases, but the long list of cases indicated his involvement in criminal activities. The court found that there was a likelihood of the trial being influenced if the accused remained on bail, and therefore, the bail order was cancelled, and the accused was to be taken into custody.
Issues: The main issue was whether the bail granted to the accused should be cancelled based on the allegations of political motivation, the accused's criminal history, and the potential influence on the trial.
Ratio Decidendi: The court relied on legal principles governing the cancellation of bail, including the need to establish a strong prima facie case that the accused may tamper with witnesses or impede the course of justice. It considered the accused's criminal history, the nature of the crime, and the likelihood of trial influence in reaching its decision to cancel the bail.
Final Decision: The court allowed the application and set aside the bail granted to the accused, ordering him to be taken into custody forthwith and sent to jail.
JUDGMENT :
1. This is an application under Section 439 Cr.P.C. filed by Informant-applicant praying for cancellation of bail granted to opposite party no.2 i.e. Ajay Singh @ Ajay Mardah vide order dated 23.10.2017 passed by Sri Alok Saxena, Sessions Judge, Varanasi, in Bail Application No.2954 of 2017 in Case Crime No.378 of 2015 under Sections 147, 148, 149, 302 and 120 B, IPC, Police Station Chaubepur, District Varanasi.
2. The facts in brief, as evident from record are that First Information Report (hereinafter referred to as "FIR") being Case Crime No.378 of 2015 dated 4.12.2015 under Sections 147, 148, 149, 302 and 120 B, IPC was registered at Police Station Chaubepur, District Varanasi on the information by Abhai Nath Chaubey (hereinafter referred to as "Informant-applicant"). FIR alleges that on 04.12.2015 Ram Bihari Chaubey, father of Informant -applicant was reading newspaper sitting in the cottage (madhai), situate near the gate of his house. On or about 7:15 a.m., two young persons entered the house through main gate. Kids were playing thereat and from them, above two young lads enquired about Ram Bihari Chaubey. On being told that he was in the cottage, above two persons straightaway went to the cottage and opened several rounds of fire upon Ram Bihari Chaubey. Hearing the sound of firing, Informant-applicant came out of his house and saw these two persons running towards gate of the house and 2-3 persons were already standing there and all of them ran away on two motorcycles. Informant-applicant reached inside the cottage, found his father in badly injured state, bleeding, lying on chair. With the help of his servant Sandeep, cousins Pramod and Pawan, Informant-applicant brought his father to Singh Medical, Varanasi, for treatment, wherefrom he was referred to B.H.U. but doctors declared him dead when reached B.H.U.
3. This FIR was registered against unknown persons. Police made investigation and arrested accused -opposite party no.2 as also another one Ashutosh Singh alias Sunny Singh, said to be co-accused in the crime. Co-accused Ashutosh Singh alias Sunny Singh was enlarged on bail by this Court vide order dated 20.09.2017 passed in Criminal Misc. Bail Application No.35726 of 2017.
4. The bail application of accused-opposite party-2 was opposed by Informant-applicant before Sessions Court. After considering rival submissions as also all other relevant facts and that the accused-opposite party-2 was arrested on 06.4.2017 and was already in jail for 7 months, granted bail vide order dated 23.10.2017.
5. Thereafter Informant-applicant has come to this Court and filed this bail cancellation application on 09.11.2017.
6. When this application was pending, it appears that State of U.P. through Station Officer, Police Station, Chaubepur, Varanasi, also filed Bail Cancellation Application No.89 of 2018 in the Court of Sessions Judge which came up for consideration before Additional Sessions Judge, Court No.8, Varanasi on 25.7.2018. The ground taken by State are that material on record was not considered by Sessions Judge whiling allowing bail, gravity of offence was not looked into, criminal history was not properly appreciated and also the fact that another co-accused Nagendra Singh was declined bail by Sessions Court vide order dated 22.12.2017 was ignored.
7. Sri Narendra Kumar Jha, Addl. Sessions Judge, Court No.8, Varanasi, by a detailed order dated 25.07.2018, has found no ground for cancellation of bail and application preferred by State has been rejected.
8. When this application was pending, Informant-applicant filed Criminal Misc. Writ Petition No.850 of 2018, Abhay Nath Chaubey vs. State of U.P. and Ors., seeking a mandamus commanding Additional Director General of Police, Varanasi Zone Varanasi to decide his application dated 19.11.2017. The above writ petition was disposed of vide order dated 05.04.2018 requesting Court concerned to decide bail cancellation application within four months.
9. Present application ha
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