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2022 Supreme(All) 962

IRSHAD ALI
Prem Shanker Dixit – Appellant
Versus
State of U. P. Thru Prin. Secy. Home – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Alok Saxena Counsel
For the Opposite Party : Divya Tripathi

JUDGMENT :

1. Heard Sri Alok Saxena, learned counsel for the applicant, learned A.G.A. for respondent-State and Ms. Divya Tripathi, learned counsel for respondent No.2.

2. The present application for cancellation of bail has been filed under Section 439(2) Cr.P.C. seeking cancellation of bail granted order dated 18.08.2021 in Bail No.8763 of 2021.

3. It is contended that respondent No.2 is being tried under Sections 394, 397 and 411 IPC in Case Crime No.158 of 2017 and was granted bail vide this Court's order dated 18.08.2021 passed in Criminal Misc. Bail Application No.8763 of 2021.

4. It is submitted by learned counsel for applicant that respondent-2 was initially granted bail by coordinate bench of this Court vide order dated 02.01.2019 in Bail No.10865 of 2017 with a condition that in case of breach of conditions mentioned in the bail order, the bail granted to him shall be cancelled. He further submitted that, after being released, the accused respondent No.2 has misused the liberty of bail and breached the conditions of the bail order, as he indulged himself in case crime No.0118 of 2020 under Sections 457, 497, 407 IPC on 25.11.2020 and in case crime No.0119 of 2020 under Sectio

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