RAKESH KUMAR Vs. PURAN SINGH

JUDGEMENT

(1.) THIS application has been preferred by the petitioner/ applicant seeking cancellation of the bail granted to accused/respondent -1 in FIR No. 46/2003 for offences under section 148, 149, 447 and 307 RPC by this Court vide its order dated 24 -12 -2003, in invoking the provisions of section 498(2) of the Code of Criminal Procedure.

(2.) THE case of the petitioner gatherable from the averments in the application, in brief, is that the accused committed a murderous assault on the petitioner and his father, Moti Lal, by firing a gunshot, in respect which a report was lodged with the Police Station, Bhaderwah, that led to the registration of FIR No. 46/2003 for offences under sections 148/149/447 and 307 RPC against the accused/respondent -1 alongwith others. It is further stated that before the accused/respondent -1 could be arrested, he moved an application for pre -arrest bail. The accused/respondent -1 was granted bail in anticipation of his arrest by the Court vide its order dated 24 -12 -2003 and its relevant portion is reproduced as under:

(3.) FURTHER case of the petitioner is that after the release of the accused/respondent -1 on bail, he has misused the concession by extending threats and assaulting the witnesses. Even an application before the Executive Magistrate has also been filed for taking out preventive proceedings under section 107 of the Criminal Procedure Code. Further contention of the petitioner is that in case the accused/respondent -1 is not prevented from his criminal activities, he is likely to commit another heinous crime and would also not allow the witnesses to make the statements voluntarily out of their free will in the Court.