JUDGMENT :

1. Heard Sri Santosh Kumar Giri, learned counsel for the applicant, the learned A.G.A and perused the record.

2. This is an application preferred under Section 439 (2) of the Code of Criminal Procedure, 1973 for cancelling the bail of Yuvraj Singh, the opposite party no. 2 which has been allowed by the Chief Judicial Magistrate, Bareilly vide order dated 29.11.2019 in Case Crime No. 629 of 2018 under Sections 420, 406 of the Indian Penal Code, 1860 under Section 69 of Indian Stamp Act, 1899 & under Section 25 of Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 registered at Police Station Baradari, District Bareilly.

3. Learned counsel for the applicant argued that the opposite party no. 2 is the Director of Alliance Builders and Construction Limited, Bareilly. He had developed a colony in the year 2007 in the name of Super City in Bareilly in which the first informant and others took flats and paid money for it. It is further argued that in the present matter a suit has been filed by the accused himself which was after lodging of the F.I.R. The filing of the said suit was a mischievous act of the accused just in order to take benefit o