Babbun and 5 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41582 of 2023 Applicant :- Babbun And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned NBW order dated 12.10.2023 passed in criminal case No.25991 of 2021 arising out of case crime No.252 of 2020, under Sections 323, 504, 506, 308, 188, 269, 270, 325 IPC and Section 3 of Pandemic Act and Section 51 of Disaster Management Act, Police Station-Dumariyaganj, District-Siddharth Nagar.

¶3After arguing the matter at some length, learned counsel for the applicants 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 applicants to appear before court concerned and file appropriate application for bail, 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. Order Date :- 21.11.2023 Ashutosh High Court of Judicature at Allahabad