Neutral Citation No. - 2025:AHC-LKO:38192 Court No. - 15 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 72 of 2025 Applicant :- Bharat Seth Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Karuna Shanker Rastogi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Karuna Shanker Rastogi, the learned counsel for the applicant as well as Sri Abhay Kumar Singh, the learned A.G.A. for the State. 2. This is an application for cancellation of the order dated 01.05.2025 passed by this Court in Crl. Misc. Bail Application No.3676 of 2025 whereby the opposite party No.2 was enlarged on bail in Case Crime No.209 of 2025, under Sections 191(2)/191(3)/190/115(2)/103(1)/109(1)/351(3) BNS (erstwhile Sections 147/148/149/323/302/307/506 IPC) registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. Cancellation of the order dated 01.05.2025 has been sought on the ground that copy of statement of co-accused Shantanu Awasthi annexed with the bail application was not a true copy in as much as Shantanu Awasthi had stated in his statement that he and his accomplices had pushed the victim from his scooty causing him to fall down. In the copy of the statement of Shantanu Awasthi annexed with the bail application merely this much was stated that the deceased was pushed down and it was not stated that he was not pushed down by Shantanu Awasthi and his accomplices. 4. A perusal of the order dated 01.05.2025 granting bail to the opposite party No.2 indicates in para-5 of the order dated, this Court has recorded that a copy of the relevant extract of the case diary has been annexed with the bail application wherein the Investigating Officer has recorded after perusing a CCTV footage of the incident which shows that deceased came on a scooty, the accused persons tried to stop the scooty and they pushed it down. A gunshot was heard in the CCTV footage and the accused persons were seen running away. There is no mention that the opposite party no.2 had fired the gun shot or had assaulted anyone. This Court has also taken into consideration the submission of the learned AGA that the opposite party No.2 was seen running away from the spot after the occurrence upon perusal of the CCTV footage. Amongst other grounds, this Court has also taken into consideration the fact that CCTV footage does not show the opposite party No.2 committing any illegal/overt act. 5. Therefore, the order dated 01.05.2025 has been passed after taking into consideration the fact that the accused persons were seen intercepting the deceased and pushing him down causing him to fall from the scooty. When the order dated 01.05.2025 has been passed after categorically taking into consideration the fact that the deceased was pushed down from the scooty by all the accused persons, it cannot be said that copy of the statement annexed with the bail application stating that the accused was pushed down and omitting the words that he was pushed down by the accused persons, has mislead the Court in passing the order dated 01.05.2025. 6. In these circumstances, there appears to be no good ground for cancellation of the order dated 01.05.2025 which has been passed after taking into consideration all the relevant aspects of the matter. 7. The application lacks merit and the same is hereby dismissed. . (Subhash Vidyarthi,J.) Order Date :- 7.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench