Dinesh Singh vs State of U.P. and Another

Court No. - 69

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 531 of 2024

Applicant :- Dinesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narayan Dwivedi,Ratnesh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Om Narayan Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.

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This Bail Cancellation Application has been filed seeking cancellation of the bail granted to the opposite party no. 2, namely Mithun Solanki S/o Sri Dharm Singh, by the Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Court no. 4, Bulandshahar, vide order dated 12.09.2024, placing reliance upon a decision of the Apex Court in the case of Satendra Kumar Antil .

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Learned counsel for the applicant submits that there is criminal history of 14 cases against the opposite party no. 2 and the learned Additional Chief Judicial Magistrate, while considering the bail application had not adverted to the criminal history of the opposite party no. 2. He submits that taking note of the criminal history of the opposite party no. 2, bail ought not to have been granted to the opposite party no. 2.

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Prima facie, this Court is of the opinion that the bail should not have been granted to the opposite party no. 2.

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Accordingly, issue notice to the opposite party no. 2 for affecting service of the present Bail Cancellation Application, through Chief Judicial Magistrate, concerned, returnable within a month.

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List this case, as fresh, on the date mentioned in the notice, before the appropriate Court.

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Order Date :- 11.12.2024 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Dinesh Singh v. State of U.P. and Another

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