ABHAI KUMAR, J. - (1.) Heard learned counsel for the parities and perused the record.
(2.) This Criminal Misc. Bail Cancellation has been moved by Smt. Sumitra against Ajay Kumar, who was granted bail by I/c Chief Judicial Magistrate, Court No. 17, Deoria, vide order dated 01.10.2013, passed in Case Crime No. 1775 C/A of 2012, under Section 419, 420, 467, 468, 471 IPC, Police Station Kotwali, District Deoria.
(3.) Opposite party no.3 was wanted in above case and he surrendered before the Magistrate Court and was taken into custody and after hearing of the bail application he was released on bail, on two grounds, first on merit and secondly under Section 437(2) Cr.P.C. on the ground that opposite party no.3 was severely ill at the time of hearing of the bail application. He also got fits in the court room itself. He was constantly vomiting and was in a dire state.;