Mohd. Ishtiyak Khan vs State of U. P. - 2023 Supreme(All) 1361

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1361

KRISHAN PAHAL
Mohd. Ishtiyak Khan – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Applicant : Sanjay Yadav, Deepak Singh Yadav.
For the Opposite Party : G.A., Arun Kumar Sharma.

JUDGMENT :

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 Sections 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:-

"Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The said sale deed has been executed in favour of his wife Sudha @ Neelam. A civil

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