The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.

JUDGMENT :

1. Heard Sri Alok Saxena, learned counsel for the applicant, learned A.G.A. for respondent-State and Ms. Divya Tripathi, learned counsel for respondent No.2.

2. The present application for cancellation of bail has been filed under Section 439(2) Cr.P.C. seeking cancellation of bail granted order dated 18.08.2021 in Bail No.8763 of 2021.

3. It is contended that respondent No.2 is being tried under Sections 394, 397 and 411 IPC in Case Crime No.158 of 2017 and was granted bail vide this Court's order dated 18.08.2021 passed in Criminal Misc. Bail Application No.8763 of 2021.

4. It is submitted by learned counsel for applicant that respondent-2 was initially granted bail by coordinate bench of this Court vide order dated 02.01.2019 in Bail No.10865 of 2017 with a condition that in case of breach of conditions mentioned in the bail order, the bail granted to him shall be cancelled. He further submitted that, after being released, the accused respondent No.2 has misused the liberty of bail and breached the conditions of the bail order, as he indulged himself in case crime No.0118 of 2020 under Sections 457, 497, 407 IPC on 25.11.2020 and in case crime No.0119 of 2020 under Sections 3/25 Arms Act (as mentioned in paragraph-11 of application) was registered at police station Jafarganj, District Fatehpur and has also not co-operated in trial and absconded from the same, therefore, learned trial court issued process against him under Section 82 Cr.P.C.

5. He further submitted that learned trial court has rejected the bail application of accused-respondent No.2 on 03.03.2021 in case crime No.158 of 2017 under Sections 394, 397, 411 IPC registered at police station Asoha, District Unnao. Thereafter, he approached to this Court by way of Bail Application No.8763 of 2021 taking shelter of medical ground only and by concealing material fact regarding misuse of bail granted to him. The said bail application was allowed by this Court, however, fact regarding breach of conditions of earlier bail granted to the accused, has been suppressed from this Court.

6. On the other hand, learned counsel for respondent No.2 accused submitted that due to ill health, respondent No.2 could not appear before the trial Court and thereafter, non bailable warrant has been issued against him.

7. Learned A.G.A. submitted that in case the accused-respondent No.2 has breached the conditions of bail and is not co-operating in conclusion of trial, it is a fit case for cancellation of bail.

8. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.

9. The earlier bail application of respondent No.2 -accused was allowed by co-ordinate bench of this Court in between respondent No.2 breached the conditions of the bail granted to him and indulged himself in case crime Nos.0118 & 0119 of 2020, therefore, learned Additional Sessions Judge / FTC, Unnao has rejected his application for bail on 03.03.2021, however, taking shelter of medical grounds, he obtained the bail from this court on 18.08.2021. This material fact has also not been disclosed by learned counsel representing accused -respondent No.2.

10. On perusal, it is also evident that the FIR No.0118 of 2020 has been lodged against the accused -respondent No.2 under Sections 307, 380 & 457 IPC on 25.11.2020 and another FIR No.0119 of 2020 was registered under Sections 3/25 Arms Act against respondent No.2 on 25.11.2020.

11. The ground for cancellation of bail is misuse of the liberty provided by respondent No.2. In the matter of cancellation of bail, the court has to examine the matter in a totally different context and such matter cannot be scrutinized on the principles which are normally taken note when the bail application is considered.

12. It is now well settled that considerations and relevant aspects by a Court while granting a bail are different than those when an application for cancellation of bail has come up before the Court.

13. A three-Judges Bench of