Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2634 of 2021 Petitioner :- Vinod Agarwal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendra Raj Singhal,Dharmendra Singhal(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Sri Dharmendra Singhal, Senior Advocate assisted by Sri S.R. Singhal, appeared through Video Conferencing for the petitioners and Sri Gambhir Singh, counsel for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 27.2.2021 in respect of Crime No.130 of 2021 for the offence under Sections 323, 504, 506, 302 of IPC & Sections 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), P.S. Jagdishpura, District Agra.
Counsel for the petitioners submits that petitioner no.1 has been arrested and as such this petition, in respect of petitioner no.1, has become infructuous.
The petition in relation to petitioner no.1 stands dismissed as having become infructuous.
In respect of other petitioners, after arguing at length, counsel for the petitioners submits that he may be permitted to withdraw this writ petition with liberty to file regular bail application before the court below. He submits that as the petitioners have been roped in a false case, the court below be directed to decide the bail application on the same day or at least by the next date, so that the petitioners may not suffer irreparable loss.
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The petition is dismissed as withdrawn, permitting the remaining petitioners to file regular bail application before the trial court.
Needless to state that in the eventuality of filing regular bail application by the petitioner nos.2, 3 and 4 before the trial court, the said court shall decide the same expeditiously considering all the aspects of the case.
It is made clear that this Court has not expressed any opinion on the merits of the case and the court below to decide the regular bail application 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 petitioners 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 :- 6.4.2021 RK/Gaurav