Ritu Raj Singh Vs State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:12630

Court No. - 27

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 23 of 2024 Applicant :- Ritu Raj Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Daya Shankar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Panna Lal Gupta, Advocate holding brief of Sri Daya Shankar Tiwari, the learned counsel for the applicant and Sri Rakesh Kumar Singh, the learned A.G.A. and perused the record.

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By means of the instant application, filed under Section 439(2) Cr.P.C., the applicant has sought cancellation of the order dated 07.08.2023 passed by this court in Criminal Misc. Anticipatory Bail Application No. 1742 of 2023 whereby the opposite party no.2 has been granted anticipatory bail in Case Crime No. 79/2023 under Sections 323, 406, 420, 467,468, 471, 506 I.P.C, P.S. Chinhat, District Lucknow.

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The submission of the learned counsel for the applicant is that even after making the admission of liability of payment of Rs. 26 lakhs to the applicant, the opposite party no.2 has not paid any amount.

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From the averments made by the applicant himself, it appears that the applicant has taken recourse to the criminal justice system for recovery of money, without seeking recourse to the civil remedies, for which the applicant would be required to file a suit after payment of court fee. Even if there is non payment of money, it would not give rise to a ground for cancellation of

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the anticipatory bail of the opposite party no.2.

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The application lacks merits and the same is accordingly dismissed.

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(Subhash Vidyarthi,J.)

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Order Date :- 12.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Ritu Raj Singh v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. and Another

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Ritu Raj Singh v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. and Another

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