In a Section 482 Cr.P.C. petition, the High Court granted liberty to the petitioner to file a separate bail application before the trial court without pressing the quashing petition.
Petitioner granted liberty to move bail application before trial court within fifteen days; petition disposed of.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 29079 of 2021
Applicant :- Anis Opposite Party :- State of U.P. and Another Counsel for Applicant :- Binod Kumar Vishwakarma,Dheerendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing the entire proceedings of Sessions Trial No. 400 of 2016 in Case Crime No. 1162 of 2012, under Sections 398, 401 IPC, Police Station Tanda, District Rampur, pending in the Court of Additional Chief Judicial Magistrate-Vth, Allahabad as well as the NBW dated 11.01.2021 passed by Special Judge (SC/ST Act)/Additional District Judge, Rampur.
After arguing at some length learned counsel for the petitioner submits that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another .
Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.
On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioner to move an application for grant of bail before the trial court within fifteen days' from today and the same shall be decided within ten days',
thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 11.5.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.05.11 14:04:59 IST Reason: Location: High Court of Judicature at Allahabad
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Anis
Manish Kumar
As recorded by the court registry
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