Application for bail under Section 439 Cr.P.C. withdrawn by applicant's counsel during hearing due to inability to explain criminal history.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47628 of 2022
Applicant :- Vinod Biyar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shams Uz Zaman,Bindu Kumari,Rupa Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 504 of 2022, under Sections 363, 366, 376, 506 I.P.C. and Section 5(d)/6 POCSO Act, Police Station Robertsganj, District Sonbhadra, during the pendency of trial.
At the outset, learned Additional Government Advocate pointed out that in paragraph 20 of the afÏdavit filed in support of bail application, it is mentioned that the applicant has no criminal history whereas apart from this case, applicant has criminal history of one another case being Case Crime No. 23 of 2015, under Section 8/21 NDPS Act, Police Station Robertsganj, District Sonbhadra.
On putting query, Ms. Bindu Kumari, learned counsel for the applicant submits that she has been engaged in the present case subsequently. She could not give satisfactory reply. She prays far withdrawal of this application with liberty to file fresh bail application with better particulars.
Accordingly, the instant bail application is rejected as withdrawn with liberty to file fresh bail application.
OfÏce shall return the certified copy of F.I.R. and free copy of the bail rejection order dated 29.09.2022 to the counsel for the applicant after retaining the photostat copy of the same on record.
Since the instant bail application has not been decided on merits, therefore, in case, the applicant moves fresh bail application, the same shall be treated as a fresh case.
Order Date :- 19.4.2023 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
Vinod Biyar
Sanjay Kumar Singh
As recorded by the court registry
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