VISHNU DUTT NAGAR Vs. ASHWINI ALIAS BABBU

JUDGEMENT

(1.) This is an application for cancellation of bail order dated 25-10-1999 granting bail to opposite party Ahswini alias Babbu, S/o Parmeshwari Dayal, R/o Tara Gali, Garh, P.S. Garh Mukteshwar, distt. Ghaziabad in case crime No. 80 of 1998 Sections 302, 504, 506, I.P.C. P.S. Garh Mukteshwar, Ghazibad, on the ground that the first bail application No. 16572 of 1998 moved on behalf of opposite party was rejected by Hon'ble J.C. Gupta, J. on merit, vide order dated 17-12-1998 after hearing both the counsel. Thereafter, second bail application No. 6230 of 1999 was moved on behalf of opposite party, which was pending. During pendency of second bail application No. 6230 of 1999 another bail application No. 16953 of 1999 was moved showing it to be first bail application. In the said bail application, F.I.R. which was filed was forged and in the above forged F.I.R. it was mentioned that opposite party exhorted, whereas in the original F.I.R. the opposite party was assigned role of firing. That the bail order was obtained by practising fraud on the Court and should be recalled.

(2.) Heard Sri Raghuraj Kishore, learned counsel for the applicant and perused the files of first bail application No. 16572 of 1998, second bail application No. 6230 of 1999 and bail application No. 16953 of 1999. Since every material is available on record and matter relates to fraud committed on Court, sending notice to opposite party before cancelling the bail is dispensed with.

(3.) The first bail application No. 16572 of 1998 was heard and disposed of by Hon'ble J.C. Gupta, J. In the typed copy of F.I.R. Annexed in the said bail application as Annexure 1 contains following allegations :-