(1.) Present petition has been filed under Article 227 of the Constitution of India read with Sec. 482 Cr.P.C. challenging the impugned order dtd. 25/2/2023 passed by the learned ASJ-05, PHC, New Delhi. Vide the impugned order, the learned ASJ cancelled the bail granted to the petitioner vide order dtd. 22/2/2022 in case FIR 247/2021 registered at PS Sagarpur under Ss. 336/387/506/34 IPC and 25/27/54/59, Arms Act, on the ground that the accused was involved in another case bearing FIR No. 129/2022 registered at PS Crime Branch, New Delhi under Ss. 25/54/59, Arms Act.
(2.) Learned ASJ vide order dtd. 22/2/2022 granted bail to the petitioner accused in case FIR 247/2021, subject to the condition that the accused shall not commit any other offence or offence of similar nature. Learned ASJ in the impugned order was of the view that the said condition has been violated by the accused as subsequently another FIR No. 129/2022 was registered against the accused under Sec. 25/54/59, Arms Act and thus was of the view that the bail is liable to be cancelled.
(3.) Learned counsel for the petitioner submits that FIR No. 129/2022 registered at PS Crime Branch, New Delhi under Ss. 25/54/59 Arms Act, was falsely lodged against him and the learned ASJ without going into the facts of the case mechanically cancelled the bail.