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2023 Supreme(All) 1279

ANISH KUMAR GUPTA
Karam Allahi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Anurag Vajpeyi, Aushim Luthra, Sr. Advocate

JUDGMENT :

1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Aushim Luthra and Sri Anurag Vajpeyi, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.

2. By way of the instant application u/S 482 Cr.P.C.(hereinafter referred as 'the Code'), the applicant has prayed for setting-aside the order dated 19.07.2023, passed by the Court of Civil Judge, Sr. Division, Fast Track Court, Additional Judicial Magistrate, Gautam Buddh Nagar, in Case No. 6781 of 2021 (State of U.P. vs. Karam Allahi and others), arising out of the Case Crime No. 129 of 2021 u/S 420, 467, 648, 471, 120-B I.P.C. and 4/20/21/25 of Indian Telegraph Act, P.S.-Phase-3 Noida, District- Gautam Buddh Nagar.

3. Learned Senior Counsel appearing for the applicant submits that in the instant case, the applicant herein was arrested on 10.02.2021. Since then, he is in custody. His earlier bail application was initially rejected on 09.07.2021 and the second bail application moved by the applicant was rejected by a detailed order dated 18.11.2022. The instant application has been filed by the applicant herein u/S 437(6) of the Code, which provides that if in a case triable by a

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