- (1.) HEARD the parties.
(2.) THE O.P. No. 2 Bilash Gupta @ Ram Bilas Gupta being one of the accused approached this Court for grant of anticipatory bail in A.B.A. No. 699/2004 in connection with Mirzachowki P.S. Case No. 87 of 2001 (G.R. Case No. 200/2001) registered for the offence under sections 364, 302, 342, 323/34 of the Indian Penal Code. This Court be order dated 4.8.2004 after considering the materials collected during investigation, directed the petitioner to be released on bail on his surrender before the Chief Judicial Magistrate, Sahebganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Thereafter, after about one month the present application was filed by the informant of the said case namely, Anil Kumar Mishra for cancellation of the bail granted to the accused O.P. No. 2 Bilas Gupta @ Ram Bilas Gupta on the ground mentioned in the petition. This court issued notice to the accused O.P. No. 2 to show cause as to why the antrcipatory bail granted to him be not cancelled on the grounds, which were mentioned in the petition, filed by the petitioner. Thereafter, by order dated 8.12.2004 a report from the Superintendent of Police, Sahebganj was called for in connection with the allegations made by the informant/ petitioner, against the accused O.P. No. 2 Bilas Gupta @ Ram Bilas Gupta that he alongwith Bhanu Pratap Singh threatened the petitioner and his witnesses with dire consequences if he does not compromise the case. The report of the Superintendent of Police was received and on the basis of the said report this Court after hearing both the parties and considering the facts andcircumstances of the case held that the petitioner and his relative were being threatened by the accused persons, and, therefore, the O.P. No. 2 found to have misused the privilege of bail granted to him and, accordingly, by order dated 4.2.2005 the anticipatory bail granted to him was cancelled and he was directed to surrender in the court below.
(3.) AGAINST the said order of this Court dated 4.2.2005 the accused O.P. No. 2 Bilas Gupta @ Ram Bilas Gupta filed S.L.R (Crl.) No. 1070/2005 before the Supreme Court, which was ultimately registered as Criminal Appeal No. 621/2005 and the Apex Court by order dated 25.4.2005 passed the following orders: '' "Leave Granted The anticipatory bail granted to the appellant herein was cancelled by the High Court by the impugned order on the ground that the appellant has been threatening the informant and other witnesses and, therefore, the privilege of bail has been misused. This observation of the High Court is based on the report of the Superintendent of Police, Sahebganj (filed as Annexure P -9 to the special leave petition) which in turn refers to the inquiry report of the Police Officer, Incharge of Mirzapur Police Station. We have gone through the reports. As both the reports are not clear enough to indicate that the threats were received against the witnesses, we are of the view that this is a fit case in which the High Court should re -examine the matter in the light of the reports on record and any further report that may be called for by the High Court. The order of the High Court is, therefore, set aside without expressing any view on the merits of the case. The matter is remitted to the High Court to be disposed of as expeditiously as possible. Appeal is disposed of accordingly." ;