Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1320 of 2019 Petitioner :- Guljar Ahmad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Surendra Kumar Tiwari, learned counsel for the petitioners, Sri J.K. Upadhaya, learned A.G.A. for the State- respondents and Sri Manav Chaurasiya, learned counsel for respondent no. 4.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 4.01.2019 in respect of Crime No. 09 of 2019 for the offence under Sections 308, 323, 504 and 506 of I.P.C., P.S. Kokhraj, District Kaushambi.
Learned counsel for the petitioners submits that as the petitioners intend to file regular bail application before the trial court, he is not pressing this petition on merits. He submits that the trial court be directed to decide their bail application on the same day or at least by the next date.
On the other hand, 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 bail application in accordance with law.
In view of above, petitioners are permitted to withdraw this writ petition with the aforesaid liberty.
Needless to state that in the eventuality of filing any regular bail application by the petitioners before the competent court, the competent court shall decide the same in accordance with law.
The petition is, accordingly, disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court shall be at liberty to decide the bail application strictly in accordance with law considering all aspects of the case.
Order Date :- 22.1.2019 AKK/AV