LAWS(ALL)-2023-10-41

MOHD. ISHTIYAK KHAN Vs. STATE OF U.P.

Decided On October 17, 2023
Mohd. Ishtiyak Khan Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Sanjay Yadav, learned counsel for the applicant, Sri Arun Kumar Sharma, learned counsel for the opposite party no. 2 and Sri Sunil Kumar, learned A.G.A. for the State.

(2.) The instant bail cancellation application has been filed on behalf of the applicant (complainant) with the prayer to cancel the bail granted to opposite party no. 2 by this Court on 9/12/2022 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 10933 of 2022, in Criminal Case No. 2177 of 2018, relating to Case Crime No. 303 of 2018, under Ss. 420, 467, 468, 471 IPC, Police Station Kurra, District Mainpuri. RIVAL CONTENTIONS: CONTENTIONS ON BEHALF OF THE APPLICANT:

(3.) Learned counsel for the applicant has stated that the said order is liable to be cancelled, as it was garnered by the opposite party no.2 by misleading the Court and concealing the fact of seven criminal antecedents of the applicant. Learned counsel has next stated that the said order itself indicates as follows:-