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Raj Bahadur @ Raja Bhaiya And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|22 August, 2019
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20715 of 2019 Petitioner :- Raj Bahadur @ Raja Bhaiya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Prasad Kushwaha Counsel for Respondent :- G.A.,Kamala Kant Pandey,Shrawan Kumar Pandey
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Hanuman Prasad Kushwaha, learned counsel for the petitioners and Sri Amit Sinha, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 02.08.2019 in respect of Crime No. 0161 of 2019, for the offence under Sections 323, 504, 506 & Section 3(1)(Da), 3(1) (Dha) S.C./S.T. Act, P.S. Bar, District Lalitpur.
Learned counsel for the petitioner submits that he is not pressing this petition on merits as the petitioner intends to file regular bail application before the court below. He, however, submits that direction may be issued to the trial court to decide the bail application of the petitioner on the same day so that the petitioner may not suffer any injury.
State counsel has no objection insofar as withdrawal of the petition is concerned. He, however, submits that discretion be given to the trial court to decide the bail application in accordance with law.
Considering the statement made by learned counsel for the petitioner, the present petition is dismissed as not pressed.
Needless to state that in the eventuality of filing any regular bail application by the petitioner before the competent court of jurisdiction, the said court shall decide the same as expeditiously as possible in accordance with law considering all the aspects of the matter.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
Order Date :- 22.8.2019/A. Tripathi/T.S.
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  • Pritinker Diwaker
  • Hanuman Prasad Kushwaha