SONI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sumit Kumar Srivastava, the learned counsel for the applicant, Shri Anant Pratap Singh, the learned AGA for the State and Shri Murli Manohar Srivastava, the learned counsel appearing on behalf of the opposite party No.2.

(2.) By means of the instant application filed under Sec. 439 (2) Cr.P.C., the applicant has sought cancellation of an order dtd. 19/12/2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2945 of 2023, whereby this Court had granted anticipatory bail to the opposite party no. 2 in Case Crime No.214 of 2023 under Ss. 143, 147, 148, 307, 326, 447, 506 IPC, Police Station-Sohra Mau, District-Unnao.

(3.) The aforesaid case has been registered on the basis of an F.I.R. lodged on 12/12/2023 against ten persons stating that the accused persons forcibly took possession of the land of the informant's father. They were raising a boundary wall around the land for the past two days. They poured petrol on her father on 12/12/2023 and set him ablaze. The opposite party no. 2 had contended that he has falsely been implicated in the present case for the reason that a dispute regarding the land in question was going on in the Court of Sub Divisional Magistrate, Hassanganj, Unnao, instituted by Surya Kumar Singh ' uncle of the opposite party no. 2, which was decided in his favour by means of a judgment and order dtd. 17/11/2023, whereby a report submitted by the Revenue Inspector was accepted and demarcation was ordered to be carried out on the spot. On 30/11/2023, the Tehsildar had passed an order constituting a team of officials for carrying out demarcation on the spot and accordingly demarcation was carried out on 9/12/2023. After demarcation of the disputed land on the spot, the uncle of the opposite party no. 2 had secured the disputed land by raising a boundary wall around the land on 9/12/2023 itself. The victim had committed self immolation and newspaper reports to this effect were published online on 12/12/2023 at 12:12:27 i.e. immediately after the incident.