MAHEDNRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This application has been moved by the complainant for cancel lation of bail granted to accused Upnendra Sharma (respondent No. 2) on 13-0-93 by Sri J. P. Agarwal, IVth Additional District Judge, Deoria.

(2.) THE record shows that an F. I. R. was lodged by Mahendra Singh under Sections 147, 148, 149, 302, 307, 336, 427, 323, 504, and 506,i. P. C. at P. S. Gauri Bazar District Deoria on 8-1-94, on the basis of which a case was registered as Crime No. 6 of 1994 against 16 persons including Upendra Sharma (respondent No. 2 ). It appears that after Upendra Sharma was taken into custody, he moved bail applications and his second bail application No. 439 of 1994 was rejected by a detailed order on 2-4-94 by Sri V. N. Shukla, IInd Additional Sessions Judge, Deoria. THEreafter Upendra Sharma filed a bail ap plication in this Court on 28-7-1994 which was registered as Criminal Misc. Bail Ap plication No. 6847 of 1994. It may be men tioned here that notice of this bail applica tion was given to the learned State counsel on 4-4-94. THE bail application was heard by me on 4-8-94, on which date I directed the learned State Counsel to produce the original copy of the post mortem report and the bail application was ordered to be listed on 19-8-94 as part heard. THE order sheet shows that the case was listed on 28-11-94 when the learned State counsel placed before me the report of Senior Medical Of ficer, Deoria about the injuries sustained by the deceased but the case was passed over as the learned counsel for the accused had sent illness slip. On 28-4-95 also it was adjourned on the same ground. THEreafter the bail application was listed on 1-5-95 and then on 21-5-95 when on the request of learned counsel for the accused it was ordered to be listed in the first week of July, 1995. In the meantime, the IVth Addl. Sessions Judge, Deoria granted bail to Upendra Sharma on 13-6-95. An application was also filed by the accused in the registry on the same day i. e. 13-6-95 praying that the bail application No. 6847 of 1994 be dismissed as not pressed. This application was placed in Court on 14-6-93 when it was ordered to be listed with the record on 26-6- 95 and on the said date the following order was passed on the bail application: "on the request of learned counsel for the applicant, this application is dismissed as withdrawn. "

(3.) FOR the reasons mentioned above, the application for cancellation of bail moved by the complainant is allowed. The bail granted to accused Upendra Sharma by the order dated 13-6-95 of IVth Addl. Ses sions Judge is cancelled. The C. J. M. con cerned is directed to take immediate steps for taking the accused Upendra Sharma into custody.