Karuna Nand Bajpayee, J. - (1.) This transfer application under Section 407 of Cr.P.C. has been moved by the applicant with the prayer to transfer the Bail Application No. 1846 of 2016, Ashok Tyagi v. State of U.P. , under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, relating to Case Crime No. 744 of 2016, P.S.- Nai Mandi, District-Muzaffar Nagar pending before the court of Sessions Judge, Muzaffar Nagar to any other district.
(2.) Heard Sri Devashish Mitra, learned counsel for the applicant, Sri Atul Kumar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. Perused the record.
(3.) Submission of the counsel for the applicant is that the applicant is the first informant of the case while the opposite party no. 2 is the father-in-law of the deceased, who was the daughter of the first informant. Further submission is that the opposite party no. 2 is a practising lawyer in the same district and his son, who was the husband of the deceased, was also a practising lawyer, but he is now in jail being accused in the case. It has been further submitted that the opposite party no. 2 and his son belong to the community of lawyers and there is enormous pressure which is exerted on the courts on each date as multiple lawyers in a large number mob the court rooms and a kind of show down of strength takes place just to intimidate the judicial functioning and adversely influence the independent dispassionate view of the court. It has also been submitted that in the presence of enormous pressure displayed by the local counsels, the applicant and his counsels can not even place their submissions before the court in a free and fair manner and that is why the case may be transferred to some other district. It has also been submitted that it was only because of undue pressure exerted by the other side that the opposite party no. 2 has already been released on interim bail.;