J.C.GUPTA, J. - (1.) By means of this application, the State has applied for cancellation of bail granted to the opposite party by the Sessions Judge; Bulandshahr by the order dated 3-11-1995.
(2.) The opposite party is undisputedly the husband of the deceased and a case of "dowry death" has been registered against him as crime No. 97 of 1995; under Sections 304-B/201, Indian Penal Code and 3/4 Dowry Prohibition Act at police station Pahasu, District Bulandshahr with the allegations that the deceased was being subjected to cruelty by the accused/opposite party and members of his family and she was done to death within seven years of marriage and her dead body was disposed of hurriedly without even sending information to the parents of the deceased. The opposite party applied for bail before the Sessions Judge and was released on bail by the order dated 3-11-1995.
(3.) The learned Addl. Government Advocate, appearing for the State with all vehemence at his command argued that the aforesaid order dated 3-11-1995 is a nullity inasmuch as the same has been passed on irrelevant and untenable considerations. He argued that the learned Sessions Judge even without looking to the gravity of offence and the serious allegations made against the opposite party, the prime accused of the case; proceeded to grant bail to him solely on the ground that the accused happened to be the nephew of the counsel who pressed the application for bail before the learned Sessions Judge and it was also contended that perhaps the order was the resultant effect of the pressure built inside the Court room by some members of the Bar. On the other hand, learned counsel for the opposite party contended that there is no material on the record to indicate that the order in question had been passed under pressure, bail once granted cannot be cancelled unless there are strong circumstances justifying cancellation of bail. He also submitted that the opposite party has enjoyed liberty of bail for a substantial period of more than three years without any allegation of misuse of liberty by him, as such he should not be deprived of the benefit which he has enjoyed all throughout this period.;