Harsh Kumar, J. - (1.) The case is listed today peremptorily. No counter affidavit has been filed by opposite party nos.2 & 3 despite repeated and sufficient time having been granted.
(2.) Heard Sri Jagadeesh Prasad Chaurasi, learned counsel for the applicant, Sri Istiaq Ali, Advocate holding brief of Sri Ali Hasan, learned counsel for the accused opposite party nos.2 & 3, learned A.G.A. for opposite party no.1 and perused the record.
(3.) Learned counsel for the applicant contended that the opposite party nos.2 & 3 were granted bail vide order dated 31.5.2013 passed by this Court in Criminal Misc. Bail Application No.8986 of 2013; that after release on bail the opposite party nos.2 & 3 have flouted the conditions imposed in the bail order dated 31.5.2013 at Annexure No.2 and on 23.3.2016 the opposite party nos.2 & 3 along with Nitesh @ Bholu Singh armed with Pistol and Lathi came to the house of applicant, and after abusing the applicant threatened him of putting his house at fire and burn him inside; that when the applicant asked them to desist they beaten him and put fire to his house in which the mattresses, quilts, cot, potatoes, grains of wheat and rice as well as household goods and two mango trees were burnt to ashes and the opposite party nos.2 & 3 and his associates Nitesh fled away by threatening; that regarding the incident dated 23.3.2016 the applicant sent an application to Superintendent of Police, Jaunpur by speed post on 28/29.3.2016 and lodged F.I.R. against the opposite party nos.2 & 3 and Nitesh at Case Crime No.304 of 2016, under Sections 323, 504, 506, 436, 427 I.P.C. and Section 3(1)(x) S.C./S.T. Act through application under Section 156(3) Cr.P.C. in which after investigation charge-sheet has been submitted as per details given in para 12 of the counter affidavit filed by learned A.G.A.; that the above act and conduct of opposite party nos.2 & 3 shows clear misuse of liberty of bail and flouting of the conditions imposed in their bail order dated 31.5.2013 by both of them; that the opposite party nos.2 & 3 are absconding and have not put in their appearance in Case Crime No.304 of 2016; that in the circumstances the bail granted to opposite party nos.2 & 3 vide order dated 31.5.2013 is liable to be cancelled.;