Bhoopendra vs State Of U.P. And Another
2023 Latest Caselaw 6463 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 6220 of 2023
 

 
Applicant :- Bhoopendra
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Radhey Shyam Singh,Mahendra Kumar Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by applicant for directing the court below to decide the case pursuant to the judgment and order passed by Hon'ble Apex Court in the Case of (Satendra Kumar Antil Vs CBI and another) passed in Misc. A No. 1849 of 2021 in Special Leave Petition (Criminal) No. 5191 of 2021.

After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below.

Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction.

Order Date :- 28.2.2023

Sumit Kumar