BRIJ GOPAL TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present bail cancellation application arising out of Case No. 441 of 2009 under Sections 147, 148, 149, 323, 504, 506, 452 I.P.C., Police Station Koraon, District Allahabad, whereby the learned Judicial Magistrate, Room No.2, Allahabad, has granted bail to the opposite party no.2 in the aforesaid case.

(2.) It has been argued by the applicant that a complaint has been filed by the applicant being case no. 441 of 2009 against the opposite party no.2, in which the opposite party no.2 has been granted bail by learned Judicial Magistrate, Court No.2, Allahabad, vide order dated 24.08.2016 subject to conditions that he shall remain present on the date fixed before the trial Court, he would not indulge in any criminal activities and would not try to pressurize the complainant or the witnesses. It was also directed that on every Monday, the applicant shall record his presence at the concerned Police Station. It was also observed by learned Judicial Magistrate that on violation of any of the aforesaid conditions, the bail of the accused could be cancelled. The applicant has further submitted that opposite party no.2 is not complying with the conditions imposed by learned Judicial Magistrate enumerated in the bail order. It was submitted that the opposite party no.2 and his associates are goonda elements and they are threatening the applicant and thus due to violation of the conditions of the bail order, the bail of the opposite party no.2 granted by learned Judicial Magistrate, Court No.2, Allahabad, is liable to be cancelled and he must be taken into custody.

(3.) Perusal of the record shows that the impugned bail order has been passed by learned Judicial Magistrate, Court No.2, Allahabad but the applicant has not approached that Court for cancellation of the bail of the opposite party no.2. Apparently the bail order has been passed by learned Judicial Magistrate Court No.2, Allahabad under the provisions of Section 437 of the Code of Criminal Procedure Code which reads as under:-