(1.) Heard Sri Balram Mishra, learned counsel for applicant and learned A.G.A. for State.
(2.) Respondent-2 was issued notice and directed to be served through Chief Judicial Magistrate vide Court's order dated 02.01.2020. Chief Judicial Magistrate has submitted report vide letter dated 13.01.2020 stated that Respondent-2 has been served through his legal heirs. Neither, he himself has appeared nor represented through counsel. In the circumstances, I proceed to decide this application after hearing learned counsel for applicant and learned A.G.A.
(3.) It is contended that Respondent-2 is being tried under Sections 147 , 148 , 149 , 302 , 323 , 504 , 506 , 307 , 308 IPC, 131(2) of Public Representative Act and 7 Criminal Law (Amendment) Act in Case Crime No. 1716 of 2010 and was granted bail vide this Court's order dated 01.02.2011 passed in Criminal Misc. Bail Application No. 2864 of 2011. Respondent-2, who is enlarged on bail, misusing the situation and creating obstruction in trial by moving transfer applications repeatedly and in other manner is also threatening informant and witnesses. He has gone to the extent of threatening Trial Court by stating that Court may pass any order. In this regard observations made in the order dated 02.06.2017 passed by Additional Sessions Judge/ F.T.C. Second, Sant Kabir Nagar in Session Trial No. 101 of 2011 is reproduced as under: ....[VARNACULAR TEXRT OMITTED]....