The applicant withdrew the application to quash proceedings; the court disposed of the application with liberty to file a bail application, directing no coercive action for three weeks.
Application disposed of as withdrawn with liberty to file bail application; no coercive action for three weeks.
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Neutral Citation No. - 2023:AHC:138557
Court No. - 91
Case :- APPLICATION U/S 482 No. - 22332 of 2023
Applicant :- Banti Sharma @ Brahma Prakash Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the orders dated 01.05.2023 and 12.04.2023 as well as entire proceedings of Case No. 1167 of 2021, (State v. Deshraj and others) arising out of Case Crime No. 02 of 2019, under Sections 406, 420 I.P.C., Police Station Hardua Ganj, District Aligarh.
After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file bail application before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court concerned and file appropriate application for bail, which shall be decided in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another , Special Leave to Appeal (Crl.) No (s) 5191 of 2021 , decided on 07.10.2021 .
For a period of three weeks no coercive action shall be taken against the applicant.
Order Date :- 11.7.2023 Shiv
Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil v. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021, decided on 07.10.2021
Banti Sharma @ Brahma Prakash Sharma
Gajendra Kumar
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
