Allahabad High Court
Veerbhan vs State Of U.P. And Another on 30 June, 2022
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- APPLICATION U/S 482 No. - 17758 of 2022
Applicant :- Veerbhan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vishal Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vishal Jaiswal, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.
This is an application u/s 482 Cr.P.C. has been instituted by the applicant with a prayer to direct the learned Judicial Magistrate (Court No. 1) Kanpur Dehat to decide/consider the regular bail application of the applicant in Case No. 9012/2020 (State Vs. Veer Bhan) u/s 406 IPC, P.S. Rasoolabad, District Kanpur Dehat arising out of Case Crime No. 189/2018 on its merit without influenced of finding/observation made in the impugned order dated 09.06.2022 in which rejected Misc. Application No. 1125 of 2022 (State Vs. Veerbhan).
Learned counsel for the applicant has invited the attention of the court towards page no. 17 of the application which happens to be an order dated 19.05.2022 passed Application U/S 482 Cr.P.C. No. 4686 of 2022 (Veerbhan Vs. State of U.P.) wherein the following order was passed:-
"This petition has been filed for a direction to decide the application of the applicant contained in annexure no.5 to the affidavit in case crime No.189 of 2018, under Section 406 IPC, Police Station-Rasoolabad, (Case No.14356 of 2020), Kanpur Dehat, pending in the court of Judicial Magistrate-I, Kanpur Dehat.
Submission of learned counsel for the applicant is that the applicant has filed an application for bail, but it has not been disposed of in view of law laid down by the Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
The application contained in annexure no.5 indicates that only an application has been filed for acceptance of his bail application in light of the aforesaid judgment of Hon'ble Supreme Court. However, learned counsel for the applicant could not point out that any such bail application has been filed by the applicant till date.
In view of above the application is misconceived and it is liable to be dismissed.
At this stage learned counsel for the applicant submitted that this application may be dismissed as not pressed with liberty to the applicant to move appropriate bail application in terms of order dated dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another (Supra) and a direction may be issued to consider the same. To which there is no objection to learned A.G.A.
In view of above, the application is dismissed as not pressed with liberty to move application within two weeks, which may be decided expeditiously."
Learned counsel for the applicant has further argued that instead of moving an appropriate bail application, the applicant had preferred an application u/s 88 of the Cr.P.C. which has ultimately being rejected on 09.06.2022. At this stage, learned counsel for the applicant as per the instruction so received by him seeks withdrawal of the present application with liberty to prefer a regular bail before concerned court below.
Learned A.G.A. has no objection to the same.
Accordingly, the present application u/s 482 Cr.P.C. stands dismissed as withdrawn with liberty aforesaid.
It is always open for the applicant to take recourse as per law and in case such recourse is taken that the same may be decided with most expedition as per the law existing on the land.
Order Date :- 30.6.2022
Nisha
