YOGENDRA KUMAR SANGAL, J. - (1.) THIS is an application to cancellation the bail granted to the respondent No. 2 Ashok Kumar Singh in case crime No. 28/2006 under Section 302 IPC, Police Station Kotwali, District Varanasi vide order dated 19.12.2006 by this Court in Bail Application No. 17577/2006.
(2.) A report was lodged by the applicant against the respondent No. 2 with the averments that on 28.03.2006 when he returned from his inlaws' house, he saw that his mother was lying dead in the house. Earlier hot words were exchanged between his brother Ashok Kumar Singh alias Bachhu respondent No. 2 and his wife Babi at one hand and his mother on other side. Several complaint in this regard were made to the police authorities. On this report a case was registered during investigation applicant was apprehended and he was released on bail as above. Charge-sheet was submitted. Case was committed to Session in ST No. 286/2006 State vs. Ashok Kumar Singh is going in the Court of 13 ASJ, District Varanasi. As per applications case after release on bail continuously respondent No. 2 is threatening to the informant and witnesses so application was moved on 26.02.2007 to Superintendent of Police, Varanasi. Police has challenged accused respondent No. 2 under Section 151, 107, 116 CrPC. Notice was served to him under Section 111, 112 CrPC. Accused is misusing the liberty of bail granted, till he is on bail fair trial of the accused is not possible. He is tampering the evidence in the collusion of local police and there is every apprehension of life of the family members of the applicant and witnesses from the side of the accused. Copy of the application to Superintendent of Police, challenged report of police and copy of notice under Section 111, 112 CrPC were annexed with the application.
(3.) FROM the application submitted by the applicant to Superintendent of Police on 26.02.2007, it reveals that after releasing on bail on 24.02.2007 when accused came at the house, he had threatened to the informant at the house. Next day at about 1.00 P.M. accused along with his wife and two another persons again came at the house of the applicant, badly abused him and threatened him that he will kill him. He has also pressed either to compromise the matter or file affidavit in the court to withdraw the case. Immediately, police was informed and police reached on the spot. They were apprehended and brought at police station. Under the pressure of Natas, Police has released him. Next date on 26.02.2007 again accused came at the house and tried to strangulate him. His wife had caught his heir. Witnesses saw this occurrence. He went to lodge the report but under the pressure of the local Natas, his report was not lodged. He has apprehension of his life and family persons life and he prayed for safety of his family.;