Allowed the applicants to withdraw the present Section 482 Cr.P.C. petition for quashing the cognizance order and charge sheet, granting liberty to move a bail application before the trial court within fifteen days.
Liberty granted to file bail application before the trial court within fifteen days; petition disposed.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 3365 of 2022
Applicant :- Ram Samujh And 3 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing the cognizance order dated 02.07.2021 passed by the Additional Chief Judicial Magistrate,Kasya, District Kushinagar in Case No. 1875 of 2021 as well as quash the Charge-Sheet No. 165 of 2021, dated 20.04.2021 in Case No. 1875 of 2021 arising out of Case Crime No. 101 of 2021, under Sections 147, 308, 323, 452, 504 and 506 IPC, Police Station Hata, District Kushinagar pending in the Court of Additional Judicial Magistrate, Kasya, District Kushinagar.
After arguing at some length learned counsel for the petitioners 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 petitioners.
On due consideration to the submissions of learned counsel for the parties', liberty is granted to the petitioners 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 :- 13.4.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.13 14:57:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant liberty to the applicants to approach the trial court for bail pending the disposal of a section 482 Cr.P.C. petition.
Colour shows how this judgement treated each authority
Ram Samujh And 3 Others
Manish Kumar
As recorded by the court registry
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