HUKUMCHAND Vs. BHOJRAJ

JUDGEMENT

(1.) THE submission of the learned counsel for the applicant in this case is that in Crime No. 38/2000 registered at PS Industrial Area, Dewas for the charges under Sections 302,147, 148 and 149 IPC this Court had granted bail to Non - applicant No. 1 Bhojraj @ Munna in M.Cr.C. No. 1008 of 2000 by order dated 17.4.2000 and the Sessions Judge has granted to the other co -accused persons - Non -applicants No. 2 to 5. His further submission is that the learned Sessions Judge has rejected application for cancellation of bail of all the Non - applicants No. 2 to 5 on the ground that the allegations made in the application are not found prima facie true vide order dated 17.10.2000.

(2.) THE applicant/complainant has filed this application u/s 439(2) read with section 482 CrPC, for cancellation of bail of Non -applicants No. 1 to 5 on the ground that they are involved in tampering evidence and unduly trying to induce and threaten the witnesses and for that reports were lodged before the police and Shri Sunil Verma, learned counsel for the applicant has prayed for the cancellation of their bail.

(3.) I have heard the learned counsel for parties and perused the record and various documents produced by them. Since the parties are having political rivalry and as per police report the complainant party is trying to get the bail cancelled. It is not disputed before me that the applicant has not filed any complaint about tampering or threatening the witnesses, or misuse of liberty before the trial Court or for providing any protection.