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Judgment
Ravindra Maithani, J
Applicant seeks cancellation of bail granted to the respondent no. 2-Amarpreet @ Banti (the accused). The accused was granted bail in BA2 No. 182 of 2021 on 15.12.2021 in FIR No. 387 of 2019, under Sections 420, 406, 504, 506, 323 IPC and Section 4/5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978.
Heard learned counsel for the parties and perused the record.
The accused has already been issued a notice which has been served upon him, but he is not represented today.
Learned counsel for the applicant would submit that the applicant secured bail on false statement. It is submitted that, on 15.12.2021, on behalf of the accused, a statement was given that he had already been in jail for nine months, whereas it is argued that till then he was in custody for only four months. It is argued that the accused has been assuring to return the money but he is not returning it.
The bail order dated 15.12.2021 reveals that bail has not been granted to the accused merely on the ground that he had been in jail for nine months. The Court had taken into consideration various other factors including the chances of compromise between the parties; submission of the charge-sheet; no chances of tampering of the evidence and the time that may be taken in the conclusion of trial. Therefore, merely because a statement was given with regard to the custody of the accused, which according to the applicant was wrong, it cannot be said that it is a ground for cancellation of bail.
Having considered, this Court is of the view that the bail cancellation application deserves to be dismissed.
Accordingly, the bail cancellation application is dismissed.