ARVIND KUMAR PAL ALIAS KALLAN Vs. RAJA BHAIYA

JUDGEMENT

(1.) AGGRIEVED by the bail granting order dated 29 -3 -2005 passed by Hon'ble C.P. Misra, J., since retired, in Criminal Misc. Second Bail Application No. 4241 of 2005, Raja Bhaiya v. State of U.P., in crime number 319 of 2004 under Sections 302/307/ 34/504 IPC, the informant Arvind Kumar Pal @ Kalian has filed this bail cancellation application under Section 439 (2) Cr. P. C. The notices were issued to respondent accused Raja Bhaiya which has been served on him and he is being represented by Sri Vivek Misra advocate.

(2.) I have heard Sri Satish Trivedi, learned senior Counsel assisted by Sri M. C. Chaturvedi, Advocate on behalf of applicant informant and Sri Rajesh Kumar Misra brief holder of Sri Vivek Misra advocate Counsel for the accused respondent on his instructions and under his permission.

(3.) IN the aforesaid crime number, first of all Suneel @ Mister approached this Court under Section 439 Cr. P.C. for grant of his bail vide Criminal Misc. Bail Application No. 18515/04. The said bail application of Suneel alias Mister was allowed by Hon'ble K. N. Sinha, J. on 19 -11 -2004. The bail granting order reads thus: Heard Sri Prabha Shanker Pandey and Sri M.A. Siddiqui, learned AGA. Admittedly the role of the applicant is that of exhortation. The actual shot was fired by non -applicant Rajabhaiya. Considering this, the applicant is admitted to bail. Let the applicant Sunil alias Mister be released on bail in crime No. 319 of 2004, under Sections 302, 307, 504/34 IPC, Police Station Ait, District Jalaun, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.”