Application under Section 482 Cr.P.C. was dismissed as withdrawn by the applicant with liberty to file a bail application, subject to no coercive action being taken for 15 days.
Application dismissed as withdrawn; liberty to file bail application granted with 15-day moratorium on coercive action.
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Court No. - 51 Case :- APPLICATION U/S 482 No. - 4842 of 2023 Applicant :- Aslam @ 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Criminal Case No.4468 of 2019 (State Versus Aslam and others) arising out of Case Crime No.134 of 2018, under Sections 379 IPC and 3/4 Prevention of Damage to public Property Act, P.S. Sarsawa, District Saharanpur and charge sheet dated 20.9.2018 as well as cognizance / summoning order dated 3.9.2019 passed by learned Judicial Magistrate, Saharanpur.
After some argument, learned counsel for the applicants 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 applicants.
Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants 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 applicants, 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The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.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 :- 9.2.2023/D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
1 provisions across 1 enactments
Aslam @ 5 Others
State Of U.P.
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
