Vyas Kushwaha vs State of U.P.& Anr.

M. Katju, J.—Heard Sri Vashistha Tewari learned counsel for the applicant who has filed this bail cancellation application and Sri R.S. Kushwaha for the accused.

This is a typical case as to how bail has been obtained from this Court by misleading the Court. In this case the 1st Bail Application of the applicant Ram Agya had been rejected by Hon''ble M.L. Singhal, J. for default on 51098. This 1st bail application was moved by Sri Ajay Kumar Pandey Advocate. Thereafter the IInd Bail Application was moved in which Sri Ajay Kumar Pandey and Sri R.S. Kushwaha Advocates appeared for the accused Ram Agya. This IInd Bail Application was rejected by Hon''ble M.L. Singhal, J. on merits on 21298.

It appears that two notices in respect of this IInd Bail Application of Ram Agya had been given by the counsel for the accused and two IInd Bail Applications were moved. The first IInd Bail Application had been rejected on merits by Hon''ble M.L. Singhal, J. on 21298 being of Criminal Misc. Bail Application No. 16767 of 1998. Concealing this fact the second IInd Bail Application being Crl. Misc. Bail Application No. 19815 of 1998 was also moved and bail was obtained from me by my order dated 31298. Learned counsel Sri R.S. Kushwaha never informed me on 31298 that the first IInd Bail Application had already been rejected by Hon''ble M.L. Singhal, J. on 21298. No doubt the Application No. 1981 of 1998 which I allowed on 31098 mentions that it is a IInd Bail Application, but I had entertained it because the first Bail Application being Crl. Misc. Application No. 6715 of 1998 was not rejected on merits but it was dismissed for default and hence I was of the view that if the 1st Bail Application is dismissed for default and not on merits then another Hon''ble Judge can entertain a IInd Bail Application. However, the fact that the first IInd Bail Application had been rejected on merits by Hon''ble M.L. Singhal, J. on 21298 was totally concealed from me and thus by playing fraud on the Court the order dated 31298 had been obtained from me.

I was inclined to recommend the name of the learned counsel for the accused to the Bar Council for taking action against him but since he has expressed his unconditional and deep apology and since other Senior members of the Bar have prayed that he should be forgiven I am not taking any action against Sri R.S. Kushwaha learned counsel, but he is given a stern warning not to mislead the Court in future. Since the order dated 31298 was obtained from me by playing fraud and by concealing the order dated 21298 by Hon''ble M.L. Singhal, J. I recall the order dated 31298 and reject the Crl. Misc. Bail Application No. 19815 of 1991. The Crl. Misc. Bail Cancellation Application No. 1983 of 1999 is allowed and the bail order dated 31298 is cancelled. The accused shall be taken in custody forthwith.

Bail cancelled.