Shabihul Hasnain, J. - (1.) Heard Sri S.M.Singh Royekwar, learned counsel for opposite party no.2/applicant as well as Sri Vikas Singh Chauhan for applicant and learned Additional Government Advocate.
(2.) This application has been moved for modification/recall of order dated 6.4.2018 passed by this Court. I have gone through my order dated 6.4.2018 and for convenience the order is quoted below : "The present application under Section 439 (2) Cr.P.C. has been filed for cancellation of bail granted by this Court on 2.5.2016 to opposite party No.2. On 22.2.2018 this Court had observed as under:- "Despite service nobody is appearing for the accused-applicant, who has been enlarged on bail. List in week commencing 5.3.2018, on which date, if nobody appears for the accused-applicant, the Court may proceed in accordance with law." On 8.3.2018 following orders were passed:- "Despite notice, nobody appears for opposite party no.2, Jai Prakash Singh. On the last occasion time was granted for ascertaining the facts. Learned counsel for applicant prays for and is granted a week's time to bring the medical report as well as copy of the charge sheet, if any, or the factum of the Charge Sheet having been filed, on record. Let the Additional Government Advocate also verify the facts. List after ten days." Even today nobody appears for opposite party No.2-Jai Prakash Singh. Supplementary affidavit has been filed today in the Court, which is taken on record. In paragraph 4 of this supplementary affidavit, it has been submitted that in the case of Brijesh Singh son of Sri Tribhuvan Singh, charge sheet has been filed by the police of police station Aaspur Devsara, District Pratapgarh vide No.34/17, dated 21.3.2017 under Sections 307 and 506 IPC. In paragraph 12 of the affidavit filed in support of the application for cancellation of bail, the reasons have been given that the accused-applicant Jai Prakash Singh -opposite part No.2 tried to kill the eye witness Sri Lal Saheb Yadav on 19.01.2017 at about 6.30 p.m. by firing him on his left side of chest, who was admitted to District Hospital, Pratapgarh and thereafer was referred to K.G.M.C., Trauma Centre, Lucknow and in this regard an F.I.R. was lodged by Kamlesh Kumar Yadav, brother of Lal Saheb Yadav on 21.01.2017 in Case Crime No.019/17, under Sections 307, 506 IPC. In view of this fact and also the fact that despite notice nobody has appeared on behalf of opposite party No.2, the Court comes to considered opinion that the bail granted earlier by this Court on 2.5.2016 is being abused and the liberty is being used to further perpetuate the crime against the State. I find it a good case for cancellation of the bail. The application is allowed. The bail granted by this Court on 2.5.2016 to opposite party No.2- Jai Prakash Singh is hereby cancelled. The bail bonds be forfeited and the sureties discharged."
(3.) By the aforesaid order the bail granted earlier on 2.5.2016 to opposite party no.2- Jai Prakash Singh was cancelled. The applicant/opposite party no.2 has sought recall of the above order dated 6.4.2018 mainly on the ground that the above order was obtained by the opposite parties by playing fraud upon the Court.;