Vishal Rajbhar @ Krishna Nand v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 43213 of 2023 Applicant :- Vishal Rajbhar @ Krishna Nand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party 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 dated

27.12.2021 and cognizance/ summoning order dated 08.06.2023 as well as entire proceedings of Case No. 383902023 (State v. Mohit Yadav) arising out of Case Crime No. 235 of 2021, under Sections 381, 411 I.P.C., Police Station Kotwali, District Gorakhpur, pending in the court of A.C.J.M.II, Gorakhpur and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3After 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.

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

¶5In view of the above, the instant application is disposed of as withdrawn with liberty to the applicant to appear before court concerned and file appropriate application for bail within four weeks, which shall be decided in the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

¶6For a period of four weeks, no coercive action shall be taken against the applicant. Order Date :- 28.11.2023 Shiv High Court of Judicature at Allahabad