1. The application in hand has been moved on behalf of the applicant – Piyush Verma seeking cancellation of anticipatory bail granted to the accused / opposite party no.2 in Complaint Case No. 115562 of 2023, under Sections 406, 120-B IPC, Police Station Bhelupur, District Varanasi vide order dated 31.5.2025 passed by the Additional Sessions Judge, Varanasi.
2. Heard Shri Pradeep Verma, learned counsel for the applicant, Shri N.I. Jafri, learned Senior Advocate assisted by Shri Ali Jamal Khan, learned counsel for the opposite party no.2 as well as the learned A.G.A. for the State and perused the record.
3. The facts giving rise to the present application for cancellation of anticipatory bail to the accused / opposite party no.2 are that the applicant had filed a Complaint Case No. 115562 of 2023 against Smt. Pooja Grover and her husband Umang Grover for the offences under Sections 420, 406, 120-B IPC before the Court concerned and after recording the statements of complainant and the witnesses under Sections 200 and 202 CrPC, the Court concerned passed an order dated 4.11.2023 summoning the aforesaid accused persons to face trial for the offence under Sections 420, 406 and 120-B IPC which was challenged before this Court by way of Application U/S 482 No. 20040 of 2024 and this Court vide order dated 13.12.2024 disposed of the said application and the said summoning order was set-aside and the matter was remitted back to the Court concerned to pass order on the point of summoning afresh, expeditiously in accordance with law. Subsequently, the trial Court passed an order dated 24.2.2025 summoning both the accused persons to face trial for the offences under Sections 406 and 120-B IPC. In pursuance of the said order the opposite party no.2 moved an application seeking anticipatory bail before the trial Court, which was allowed. Feeling aggrieved with the subsequent conduct of the accused / opposite party no.2 causing misuse of the order granting anticipatory bail, the present application for cancellation of anticipatory bail has been moved.