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Neutral Citation No. - 2025:AHC:77792 Court No. - 66 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 151 of 2025 Applicant :- Arvind Kumar Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vikas Kumar, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed with a prayer to cancel the bail order dated 12.9.2024 passed by this Court in Crl. Misc. Bail Application No. 12157 of 2024 arising out of Case Crime No. 681 of 2021, under Sections 406, 420 IPC, Police Station Civil Lines, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the bail cancellation application filed by the applicant who is informant of the case on the ground that this Court illegally granted bail to opposite party no. 2. He further submitted that a specific averment in this regard has been made in para-10 of the affidavit filed in support to the instant bail cancellation application. He further submitted that therefore, bail granted to opposite party no. 2 should be cancelled. 4. Per contra, learned AGA opposed the prayer and submitted that the ground taken by the applicant in the instant bail cancellation cannot be considered by this Court and if applicant was not satisfied with the order passed by this Court then he could challange the same before the Apex Court and this Court is not the appellate court and therefore, the instant bail cancellation application is devoid of merit and is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the record of the case. 6. The instant bail cancellation application has been filed by the applicant mainly on the ground that this Court illegally granted bail to opposite party no. 2. This Court finds merit in the argument
advanced by learned AGA that on this ground the bail granted to opposite party no. 2 cannot be cancelled by this Court as this Court is not sitting in the appellate jurisdiction of its own order. It is open for the applicant to approach the Apex Court with regard to the bail granting order passed by this Court. 7.
In view of the above, the instant bail cancellation applicant is devoid of merit and is, accordingly, dismissed. 8. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 13.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad