Citation : 2023 Latest Caselaw 10108 ALL
Judgement Date : 5 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 11624 of 2023 Applicant :- Simarta Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramanuj Saini,Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri N.K. Mishra, learned A.G.A. for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant challenging the charge-sheet dated 12.05.2022 and the cognizance order dated 29.08.2022 passed in Criminal Case No. 13720 of 2022, arising out of Case Crime No. 306 of 2022, under Sections 323, 308 I.P.C., Police Station Puranpur, District Pilibhit pending before the Chief Judicial Magistrate, Pilibhit.
After arguing the matter at some length, learned counsel for the applicant submits that he wants to withdraw this application with liberty to the applicant to file his bail application before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021, decided on 07.10.2021.
Order Date :- 5.4.2023
SKT/-
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