RAJARANI YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc, bail cancellation application has been filed under Section 439(2) Cr.P.C. for cancellation of bail granted to respondent No.2 in FIR No.28/2011 Police Station-Khandar, Sawaimadhopur.

(2.) The contention of the present petitioner is that the bail has been granted to respondent No.2 on 31.5.2011 vide S.B. Criminal Mise. Bail Application No.5154/2011. After getting the anticipatory bail the respondent No.2 has threatened the witness Surendra Singh son of Abhey Singh Report to this effect has been lodged by Surendra Singh. On the said report a complaint under Sections 107 and 116 Cr.P.C. has been filed against the respondent No.2 and further his contention is that there is other cases pending against the respondent No.2 and this fact has not been disclosed before the court hence granted bail should be cancelled.

(3.) Per contra contention of respondent No.2 is that other pending cases are not a relevant consideration while dealing with the petition for cancellation of bail and a false report of threatening to Surendra Singh has been lodged against the respondent No.2 as the relatives of Surendra Singh is in Police and the complaint under Section 107 and 116 Cr.P.C. is still under consideration before the competent court, hence, bail should not be cancelled on this ground as cancellation of bail is a harsh order and lightly the liberty of an individual cannot be snatched away.