JAIN, J. - (1.) HEARD the learned counsel for the complainant-petitioner, learned counsel for the accused- respondents and the public prosecutor.
(2.) THE complainant-petitioner has filed this application under Section 439 (2) of the Code of Criminal Procedure for cancellation of order dated 16. 2. 05 passed by this Court granting bail to the accused non-petitioners Nos. 1 and 2 under Section 439 Cr. P. C. in SB Cr. Misc. Bail Application Nos. 727/05 and 801/05. The learned counsel for the complainant petitioner submitted that soon after release on bail, the accused non-petitioners committed an offence on 18. 2. 05 itself, for which the petitioner lodged an FIR No. 38/05 dated 19. 2. 05 at Police Station, Nadbai, District Bharatpur for the offence under Sections 143, 323, 341 and 451 IPC, therefore, his submission is that the accused non- petitioners Nos. 1 and 2 misused the liberty granted to them. Hence the order granting bail vide order dated 16. 2. 05 be cancelled and the accused non-petitioners Nos. 1 and 2 be sent to the judicial custody. A notice to show cause was given to the accused non- petitioners on 13. 4. 05 and in pursuance of it, a reply dated 23. 8. 05 has been filed by the non-petitioners Nos. 1 and 2, wherein it has been stated that only for the purpose of getting the bail order cancelled, the complainant-petitioner lodged false report No. 38/05 against them. It is further contended that after investigation the police has submitted the final report No. 41 on 20. 4. 05 in the aforesaid FIR No. 38/05. Therefore, the contention of the learned counsel for the accused non-petitioners is that there is no merit in this application under Section 439 (2) Cr. P. C. and the same should be rejected. I have considered the rival submission and examined the documents filed alongwith this application as well as the reply and its enclosures. It is correct that FIR No. 38/05 was lodged on 18. 2. 05, wherein there was allegation about causing injury by the accused non-petitioners soon after they were released on bail as per order passed by this Court but final report as referred above also shows that after investigation the same allegation was found to be false by the police. The concerned Magistrate has also accepted the final report submitted by the police and a copy thereof has been placed on record. In these circumstances, I find that no case is made out for cancellation of order granting bail by this Court to accused non-petitioners Nos. 1 and 2. In these circumstances, I do not find any force in the contention of the learned counsel for the petitioner and the present application under Section 439 (2) Cr. P. C. is rejected. . ;