The single judge dismissed the anticipatory bail application as withdrawn by counsel for the applicant with liberty to file the petition after the stay application under Section 482 Cr.P.C. is decided.
Application dismissed as withdrawn with liberty to file after disposal of Section 482 Cr.P.C. application.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5648 of 2021
Applicant :- Randeep Waraich Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Tandon Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Abhishek Tiwari, learned counsel for informant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Randeep Waraich, with a prayer to release him on bail in Complaint Case No.3121 of 2018, under Sections- 420 I.P.C., Police Station- Sector-20 Noida, District- Gautam Budh Nagar, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Sri Abhishek Tiwari, learned counsel for informant has pointed out that the applicant has already preferred an application under Section 482 Cr.P.C. No.38370 of 2018, wherein the proceedings against the applicant has been stayed.
Learned counsel for the applicant has submitted that he has disclosed this fact in his application. He has submitted that he may be permitted to withdraw this application with liberty to file the same after the aforesaid application under Section 482 Cr.P.C. is decided.
The prayer is allowed.
Accordingly, this application for anticipatory bail is dismissed as withdrawn with aforesaid liberty.
Order Date :- 19.3.2021 Atul kr. sri.
Randeep Waraich
Siddharth
As recorded by the court registry
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