Varis Kamal v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39354 of 2023 Applicant :- Varis Kamal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet No. 34/2005 dated 26.04.2005 as well as entire criminal proceeding of Case No. 0989 of 2009 (State vs. Varis Kamal), arising out of Case Crime No. 56 of 2005, under Section 406 IPC, Police Station Barhan, District Agra, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Junior Division) 5, , Agra.

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

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

¶5In view of the above, the instant application is disposed of with liberty to the applicant to appear before court concerned and file appropriate application for bail within a period of four weeks from today, 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.

¶6For a period of our weeks, no coercive action shall be taken against the applicant. Order Date :- 9.11.2023 v.k.updh. High Court of Judicature at Allahabad