Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3932 of 2021 Petitioner :- Ankit Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hemant Kumar Rai Counsel for Respondent :- G.A.,Shailesh Kumar Tripathi
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mangla Prasad Rai, learned Senior Advocate assisted by Sri Hemant Kumar Rai, learned counsel for the petitioner, Sri S.K. Tripathi for respondent no. 4 and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 05.05.2021 in respect of Crime No. 0126 of 2021 for the offence under Sections 323, 504, 506, 307, 352 of I.P.C. and Section 3(2)(V) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Doharighat, District Mau.
Learned counsel for the petitioners submits that based on so called two cases, provisions of gangsters act have been applied whereas in both these cases, the petitioners have been granted bail. He further submits that in the case of co-accused, Vineet Rai and another (Criminal Misc. Writ Petition No.4087 of 2021), an order has been passed by this Court on 18.6.2021, permitting the accused to file regular bail application. He submits that similar order may be passed in the present case also.
On instructions, learned counsel for the petitioner fairly submits that he may be permitted to withdraw this petition with liberty to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to decide the regular bail application of the petitioner on the same day or at least by the next date so that they may not suffer any injury.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the regular bail application of the petitioner in accordance with law.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall decide the same expeditiously in accordance with law considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 RK Digitally signed by Justice Pritinker Diwaker Date: 2021.08.19 14:15:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Manju Rani Chauhan Date: 2021.08.19 14:16:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad