Point of Law:
Degree of burden of prove lie upon prosecution or complainant/Informant, when an application for cancellation of bail moved, is not to the extent of proving by a mathematical certainty or beyond reasonable doubt but it must establish its case by showing on a preponderance of probabilities that accused has attempted or may attempt to or tamper or has tampered with witnesses

JUDGMENT :

1. Heard Ms. Viparna Gaur in person, Sri N.I. Jafri, Senior Advocate, assisted by Sri Pankaj Satsangi, learned counsel for accused opposite party 2 and Sri Ratan Singh and Sri Udit Chandra, learned A.G.A. for State.

2. This is an application under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) filed by Informant/Applicant with the prayer to cancel bail granted to Accused / Opposite Party 2, Prem Chandra Sharma, vide order dated 26.04.2017 in Criminal Misc. Bail Application No.41324 of 2016 in Sessions Trial No.566 of 2016 arising from Case Crime No.337 of 2016 under Sections 147, 302, 307, 504, 506, 120-B IPC, Police Station Ujhani, District Budaun.

3. A First Information Report (hereinafter referred to “FIR”) was lodged by Informant/Applicant on 24.5.2016 at 8:25 P.M., at Police Station Ujhani, District Budaun under Sections 147, 304, 504, 323, 506, 120-B IPC alleging that Informant/Applicant’s sister Sadhna Sharma and family had a long enmity with Accused Shravan Kumar son of Mahipal Gupta, Guddu alias Sudhanshu son of Mahendra Nath Sharma, Munna alias Brajendra Nath Sharma son of Brajraj Sharma, Kamal Sharma son of Raghuveer, all are residents of Police Station Ujhani, District Budaun, and, Bhure son of Akhtar, resident of Police Station Bilsi, District Budaun. On 23.5.2016, Informant/Applicant’s sister Km. Sadhna Sharma, In-charge D.G.C. (Criminal), District Judgeship Budaun came to District Court alongwith her servant Bihari on Scooty Activa, bearing registration No.UP 24N-9744 where case of Bhure was fixed in Budaun Judgeship. In the evening, at around 5:30 P.M., while Km. Sadhna Sharma was coming back on Scooty as a Pillon Rider, and Scooty was being driven by servant Bihari, near Balaji Temple, a car was waiting in which accused was sitting and Kamal Sharma was on driving seat. They chased Scooty and near Jirauliya Village, hit the Scooty resulting in Scooty rider namely Bihari and Informant/Applicant’s sister Km. Sadhna Sharma fell on the road. Accused thereafter passed vehicle over Km.Sadhna Sharma with intention to kill her. They stopped vehicle near Bihari and said to kill Bihari also but at the same time some passengers came and accused ran away. Bihari with the help of persons gathered, brought Km. Sadhna Sharma to District Hospital where she died. On receiving information, Informant/Applicant came to hospital at 11 P.M. and lost control over her seeing her sister dead. Thereafter, she made arrangement for her cremation and then came to Police Station for registering report. She also believed that in the entire incident and conspiracy, BSP MLA Yogendra Sagar was also involved. During investigation, Police recorded statements of Shamshad, Raju and Girish Mishra, who disclosed name of opposite party 2 that he was the kingpin who conspired murder of Km.Sadhna Sharma through contract killers. Shamshad, Raju and Girish Mishra disclosed names of opposite party 2 P.C.Sharma alias Prem Chand Sharma, Mastana alias Abdul Navi, Pintu alias Munendra alias Narendra, Mohabbat alias Sajid, Yasin alias Baba and Ishrat. Police then arrested Mastana and Yasin, whose names surfaced in commission of crime including co-accused Raju and Girish. They confessed their guilt of having committed crime and disclosed complicity of opposite party 2 Prem Chand Sharma stating that he had hatched entire conspiracy of murder of Km. Sadhna Sharma. Opposite party 2 is a powerful political person having money and muscle power. He had contested Assembly Election in 2012 from Bilsi Vidhan Sabha. Since local Police of Ujhani was under his pressure and influence, therefore on the complaint of Informant/Applicant, investigation was transferred to Crime Branch, Bareilly on 22.07.2016. On the same day, Investigating Officer, in his investigation, excluded names of all six accused persons named in FIR. During further investigation, Raju Girish, Mastana and Yasin also disclosed involvement of Kamlesh Sharma wif