Court dismissed a Section 482 application quashing criminal proceedings as withdrawn by the applicant, granting brief liberty to file bail and directing non-coercive action during bail consideration.
Application dismissed as withdrawn; liberty to file bail granted; coercive action stayed for 30 days.
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Court No. - 51
Case :- APPLICATION U/S 482 No. - 3702 of 2023
Applicant :- Rahamudin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of Case No. 458 of 2020, State Vs. Imtiyaz and others, arising out of Case Crime No.979 of 2017, under sections 147, 148, 186, 189, 353, 427, 34 I.P.C. and 7 Criminal Law (Amendment) Act, P.S. Rampur, District Jaunpur.
After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicant.
Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 30 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.
Order Date :- 24.2.2023 Bhaskar
Digitally signed by :- BHASKAR High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. · Who else cites this
1 provisions across 1 enactments
Rahamudin
State of U.P.
Vikram D. Chauhan
As recorded by the court registry
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