Aiman Rehman vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 1531 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 482 No. - 1661 of 2022
 
Applicant :- Aiman Rehman
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Deptt. Home And Others
 
Counsel for Applicant :- Tushar Mittal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State at some length.

Learned counsel for the petitioner has invited attention of the Court towards the order dated 03.03.2022 passed in SLP No. 1759/2022 which arose out of the final judgment and order dated 06.01.2022 passed in Anticipatory Bail Application No. 12291/2021 by this Court, by which the anticipatory bail application of the applicant-petitioner was rejected on the ground that he is not cooperating in the investigation.

Learned A.G.A. submits that the Apex Court after hearing the petitioner and upon his request has provided that in case the petitioner filed an application for regular bail, the same shall be considered on merits. He further submits that once the order and liberty granted by the Apex Court for filing regular bail application, it will not appropriate for the petitioner to press this petition.

At this stage, learned counsel for the petitioner submits that the trial court may be directed that if the petitioner files regular bail application, the same shall be decided expeditiously preferably on the same day.

Learned A.G.A. has no objection to this innocuous prayer.

In view of the above, the prayer for quashing as prayed in relief no. 1 and 2 is refused. The petitioner undertakes to file a regular bail application within a period of ten days today. If the same is filed, the same shall be decided expeditiously by the trial court in view of the law laid down by the Apex Court in the case of "Hussain and another versus Union of India and others (2017)5 SCC 702".

It is further directed the learned trial court that prayer for interim bail must be considered on the first day.

In view the above, the petition is disposed of.

Order Date :- 26.4.2022/R.C.