Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 1531 of 2021 Petitioner :- Deshraj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Rajeev Misra,J.
Sri K.K. Tripathi, counsel for the petitioner, appears through telephone and Ms Sanyukta Singh, counsel for the State appears through video conferencing.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 1.1.2021 in respect of Crime No. 0001 of 2021 for the offence under Section 3 (1) of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Sikandra, District Kanpur Dehat.
After arguing for some time, 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 in the eventuality of filing any such application, the court below be directed to decide the same considering all the aspects of the case and further considering the recent surge in the cases of Covid-19, on the same day or at least by the next date, so that 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The petition is dismissed as withdrawn with the liberty as prayed.
Needless to state that in the eventuality of filing any such application by the petitioner before the trial court, the said court may 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 decide the regular bail application 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 :- 6.5.2021 RK