- (1.) This order governs the disposal of bail cancellation application filed under Section 439(2) of Cr.P.C. by the petitioner Hawa Singh seeking cancellation of bail of the respondent no.2 Manish Kumar who has been granted bail vide order dated 24 th June, 2010 rendered by the learned Additional Sessions Judge, Khetari.
(2.) Heard the learned counsel for the petitioner, learned counsel for the respondent as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.
(3.) Learned counsel for the petitioner has craved the cancellation of bail on the ground of misrepresentation of the facts having placed by the learned counsel for the accused respondent before the Sessions court when the bail application was argued.2 Learned counsel contended that the learned trial court granted bail to the accused respondent no. 2 Manish Kumar on wrong facts and circumstances. The trial court ought to have considered the bail of the accused respondent only after the statements having been recorded under Section 164 of Cr.P.C. The accused respondent has been posing threats to them and there is every likelihood that the accused may tamper the witnesses during trial, hence, the bail granted to the respondent deserves to be cancelled.;