Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4640 of 2019 Petitioner :- Ompal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Singh Sengar Counsel for Respondent :- G.A.,Baleshwar Chaturvedi
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Shyam Singh Sengar, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel for respondent no. 2 and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 29.11.2018 in respect of Crime No. 0622 of 2018 for the offence under Section 135 of electricity Act, P.S. Saurikh, District Kannauj.
Learned counsel for the petitioner submits that as the petitioner intends 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 his 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, petitioner is 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 petitioner 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 :- 22.2.2019/AKK/AV