Upendra Rai vs State Of U.P. And Another
2023 Latest Caselaw 27936 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194620 
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 30855 of 2023
 

 
Applicant :- Upendra Rai
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pankaj Dwivedi,Kamla Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gajendra Kumar,J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State- opposite party and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the Non Bailable Warrant dated 10.07.2023 as well as entire proceedings of Session Trial No. 856 of 2021 (State vs. Upendra Rai) arising out of Case Crime No. 472 of 2000, under Sections 323, 504, 506, 354 I.P.C. and Section 3(1)(X) of S.C./S.T. Act, Police Station Bhanwarkol, District Ghazipur, pending in the court of Special Judge S.C./S.T. (P.A.) Act, Ghazipur.

3. After arguing the matter at some length, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to file bail application before the court of competent jurisdiction.

4. Learned A.G.A. has no objection to such request.

5. In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court concerned and file appropriate application for bail within four weeks, which shall be decided in the light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.

6. For a period of four weeks, the effect and operation of N.B.W. issued against the applicant, shall be kept in abeyance.

Order Date :- 10.10.2023

Shiv