Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 4664 of 2021 Petitioner :- Moin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saher Naqvi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Ms. Saher Naqvi, counsel for the petitioner and Sri J.K. Upadhyaya, learned A.G.A. for the State.
This writ petition has been filed seeking quashment of FIR dated 24.03.2021 lodged by respondent No.4 against the petitioner in respect of Crime No. 0060 of 2021 for the offence under Section 2/3 of U.P. Gangster Act, Police Station- Thariyaon, District- Fatehpur .
Counsel for the petitioner on instructions submits that the petitioner may be permitted to withdraw the writ petition with liberty to file a regular bail application before the trial court. She, however, submits that in the eventuality of filing such application, the competent court be directed to decide the bail application on the same day or at least by the next date.
Learned A.G.A. has no objection insofar as withdrawal of the writ petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering entire back ground of the case, we dispose of the petition permitting the petitioner to file bail application before the competent court.
Needless to state that in the eventuality of filing any such application, the competent court shall decide the same expeditiously in accordance with law considering all the aspects of the case.
It is made clear that we have expressed anything on the merits of the case and the competent court to act in accordance with law.
The party shall file a computer generated copy of this 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 (preferably Aadhar Card) mentioning the mobile number 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 :- 29.7.2021 Priya/nethra