Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 14970 of 2020 Petitioner :- Manvendra Kumar Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner and Mr. Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 18.7.2016 in respect of Crime No.519 of 2016 for the offence under Sections 419, 420, 467, 468, 471 of IPC, Police Station Kotwali City, District Mirzapur.
Learned counsel for the petitioner submits that based on mark- sheet of B.Ed, though the petitioner had applied for the post of Assistant Teacher but he could not get the appointment and, on the contrary, is facing criminal case. It has been argued that if the petitioner is arrested he would suffer irreparable loss and probably in future, he may not get any employment. He submits that anticipatory bail application filed by the petitioner has already been rejected and now the petitioner intends to file regular bail application but he apprehends that if regular bail application is not decided on the same day, he may be sent behind the bar. He further submits that he may be permitted to withdraw this writ petition with liberty to file regular bail application before the trial court but the said court be directed to decide the said application on the date of surrender of the petitioner.
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The petition is dismissed as withdrawn permitting the petitioner to file regular bail application before the trial court.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 regular bail application by the petitioner before the trial court, the said court shall decide the same as expeditiously as possible, considering all the aspects of the case.
It is made clear that we have observed nothing on the merits of the case and the trial court 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 petitioner(s) 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 :- 6.1.2021 RK