Dismissed¶¶13

Victim / Informant of Case Crime No. 494/2023 P.S. Madiyaon v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC13 Nov 2024/108/2024

Case brief

AI extract

What is this about?

Cancellation of bail; WhatsApp chat; alleged threat to victim/informant after bail; bail order dated 01.04.2024 in Crl. Misc. Bail Application No.13181 of 2023; Case Crime No. 494/2023, P.S. Madiyaon; High Court of Judicature at Allahabad, Lucknow Bench; Subhash Vidyarthi, J.; neutral citation 2024:AHC-LKO:75083; application rejected on 13.11.2024.

What did the court decide?

The averment that, after the grant of bail, the opposite party No.2 threatened the applicant through WhatsApp chat is false: the chat printout annexed with the cancellation application is the same as was annexed with the counter affidavit filed as objections to the bail application, and relates to a period prior to the grant of bail. ¶¶12

Victim / Informant of Case Crime No. 494/2023 P.S. Madiyaon Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:75083

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 108 of 2024

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Applicant :- Victim / Informant Of Case Crime No. 494/2023 P.S. Madiyaon Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another

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Counsel for Applicant :- Ankur Kumar Panday

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Counsel for Opposite Party :- G.A.,Riyaz Ahmad

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Ankur Kumar Panday, learned counsel for the applicant, Shri Anant Pratap Singh, learned A.G.A. and Shri Riyaz Ahmad, learned counsel for the opposite party No.2.

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By means of the instant application, the applicant is seeking cancellation of the order dated 01.04.2024 passed by this Court in Crl. Misc. Bail Application No.13181 of 2023, whereby the opposite party No.2 has been granted bail.

¶10

In para 10 of the affidavit filed in support of the application for cancellation of bail, the applicant has stated that after obtaining the bail, the opposite party No.2 had started threatening the victim, a copy of WhatsApp chat between the opposite party No.2 and the applicant has been annexed as Annexure No.6 to the application.

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The opposite party No.2 has filed a counter affidvait stating that this WhatsApp chat relates to a period prior to granting the bail order. In the order dated 01.04.2024 granting bail to the opposite party No.2, this Court has specifically mentioned that printouts of some WhatsApp communications have been annexed with the counter affidavit filed by the informant. The printout of the WhatsApp chat annexed with this application is the same as was annexed with the counter affidavit filed by the applicant as objections to the bail application.

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Therefore, the averment that after the grant of bail, the opposite party No.2 has threatened the applicant through WhatsApp chat, is false.

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Accordingly, the application for cancellation of bail order dated 01.04.2024 passed by this Court in Crl. Misc. Bail Application No.13181 of 2023 is rejected .

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(Subhash Vidyarthi,J.)

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Order Date :- 13.11.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Victim / Informant of Case Crime No. 494/2023 P.S. Madiyaon v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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What did the court decide?

Victim / Informant of Case Crime No. 494/2023 P.S. Madiyaon v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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What did the court decide?

What the court decided

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