ORDER

This application under Section 439 (2) of Cr.P.C has been filed for cancellation of bail granted to respondent No.2 by order dated 05.01.2021

passed in M.Cr.C. No.50877/2020.

It is submitted by counsel for applicant that respondent No.2 had a criminal history and he is already a convicted person and at the time of arguments on M.Cr.C. No.50877/2020, he could not bring this fact to the notice of the Court, therefore, respondent No.2 is not entitled for the bail.

Per contra, the bail applicaiton is vehemently opposed by counsel for respondent No.2. It is fairly conceded that the bail order of co-accused Rahul Sikarwar has been recalled for the reason that co-accused Sonu @ Satyabhan Sikarwar who was earlier declared as juvenile and was lodged in observation home Indore, broke open the observation home and absconded immediately after he was declared as major but the applicant was granted bail on 05.01.2021 i.e. approximately two years back and at that time Sonu @ Satyabhan Sikarwar had not absconded from the custody and secondly respondent No.2 has been granted bail mainly on the ground of his advanced age and there is nothing on record to suggest that respondent No.2 was in any ma