Citation : 2023 Latest Caselaw 7230 ALL
Judgement Date : 13 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 5168 of 2023 Applicant :- Balram Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as 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 entire proceedings of Criminal Case No. 1785 of 2021, State v. Om Prakash and others, arising out of Case Crime No. 154 of 2020, under Sections 406, 120B, 506 I.P.C., Police Station Itwa, District Siddhartha Nagar, pending before the Chief Judicial Magistrate, Siddhartha Nagar as well as the charge-sheet submitted in the said case.
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In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court below and file appropriate application for bail, which shall be decided by the court below in the light of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 :- 13.3.2023
SKT/-
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