Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16758 of 2020 Petitioner :- Suresh And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Durga Charan Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Durga Charan Yadav, learned counsel for the petitioners and learned A.G.A. for the State.
It is stated at the Bar very fairly by the learned Counsel for the petitioners that today Suresh S/o Mahadev has already been arrested by the police authority pursuance to Case Crime No. 523 of 2020, under Sections 147/323/504/506/452/366/376 IPC, Police Station Sarai Inayat, District Prayagraj.
At the out set, it is stated that petitioner no.2 is the wife of petitioner no.1, petitioner nos. 3 and 4 are sons of petitioner no.1 and petitioner no.5 is father of Suresh - petitioner no.1.
We make it clear that we have not entered into the merits of the matter.
After arguing for some time, learned counsel for the petitioners wants to withdraw this petition with liberty to file appropriate application seeking anticipatory bail before the appropriate Court. He further submits in the eventuality of filing any such application, competent court be directed to decide his application expeditiously considering all the aspects of the case.
State counsel has no objection to this proposition.
Petition is accordingly disposed of at this stage permitting the petitioners to file appropriate application before the appropriate court.
In case the petitioners apply for anticipatory bail/bail within 4 weeks from today, the same shall be decided on merit strictly in accordance with law. Suresh may also apply for the bail before the court below.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with 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 :- 5.1.2021 Irshad