Application under Section 483 Cr.P.C. for quashing a recovery warrant and non-bailable warrant allowed by granting liberty to file a bail application before the trial court within fifteen days.
Liberty to move an application for grant of bail before the trial court within fifteen days.
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Court No. - 92
Case :- APPLICATION U/S 483 No. - 2 of 2022
Applicant :- Gayasuddin Opposite Party :- State Of U. P. Through Principal Secretary Home And 2 Others Counsel for Applicant :- Chandan Kumar Jaiswal,Puneet Bhadauria 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 483 Cr.P.C. has been preferred by the petitioner for quashing the Recovery Warrant dated 07.11.2020 and NonBailable warrant dated 24.11.2020 issued by Additional Principal Judge, Family Court Kushinagar, Padrauna, District Kushinagar in Misc. Case No. 401 of 2020, under Section 128 Cr.P.C.
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 14:45:10 IST Reason: Location: High Court of Judicature at Allahabad
Gayasuddin
Manish Kumar
As recorded by the court registry
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