Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5969 of 2021 Petitioner :- Deepak Bhati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri R.K. Vaishya, counsel for the petitioner and Sri Amit Sinha, learned AGA for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 6.2.2021 in respect of Crime No.0102 of 2021 for the offence under Sections 147, 148, 386, 504, 506, 427 of IPC, P.S. Surajpur, District Gautam Buddha Nagar.
On instructions, counsel for the petitioner, submits that he may be permitted to withdraw this writ petition with liberty to file regular bail application before the court below. He, however, submits that direction may be issued to the court below for deciding the regular bail application to be filed by the petitioner, considering all the aspects of the case on the same day or at least by the next date, so that the petitioner may not suffer irreparable loss.
Learned A.G.A. has no objection so far as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the trial court to decide the regular bail application in accordance with law.
The petition is dismissed as withdrawn, permitting the petitioner to file regular bail application before the trial court.
Needless to state that in the eventuality of filing any such application by the petitioner before the trial court, the said court shall decide the same expeditiously, 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 court below to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith 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 :- 13.8.2021 RK