HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 18th April, 2011 Bail Cancellation Application No. 05 of 2011 Order on the bail application of the accused. Rakesh Gupta S/o Late Shri Harish Chandra Gupta ……. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No./F.I.R. No. 577 of 2010 U/S 302, 120-B, 34, 201 and 364 I.P.C. Police Station Kashipur District Udham Singh Nagar Hon’ble Tarun Agarwala, J. Heard Mr. Harshpal Sekhon, the learned counsel for the applicant and Shri S.S. Adhikari, the learned A.G.A. for the State. The bail cancellation application has been filed by the complainant for cancellation of the bail order dated 22nd February, 2011 granted in favour of the accused Akhil Agarwal. The learned counsel for the complainant submitted that there is a clear cut evidence indicating the presence of the accused at the spot where the complainant’s son went missing initially and that on his pointing out the motorcycle of the deceased was recovered from the hospital. The learned counsel has placed reliance upon the police report, annexure-2 to the bail cancellation application, which indicates that the recovery of the motorcycle of the deceased was done at the pointing out by the accused. This aspect as well as the fact that the presence of the applicant was located from his mobile from the spot where the deceased was kidnapped has not been considered by the trial court. On the other hand, the trial court has made an observation that nothing has been recovered from the possession of the accused. In the light of the aforesaid submission, the Court is of the opinion that the applicant should file an application for cancellation of the bail before the trial court itself. If such an application is filed, the trial court will appropriately decide the matter at an early date. The bail cancellation application is rejected at this stage with the aforesaid observation. (Tarun Agarwala, J.) Dated 18.04.2011 Shiv