Vijay Kumar @ Nirkar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11298 of 2023 Applicant :- Vijay Kumar @ Nirkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rohit Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit that this Hon'ble Court may graciously be pleased to set aside the order dated 14.09.2023 passed by Chief Judicial Magistrate Unnao and stay the proceedings in complaint Case No. 4502 of 2016, under section - 400, 401 IPC & 3/25 Arms Act State of U.P. versus Dipak Kumar @ Deepu, Police Station Fatehpur Chaurasi, District-Unnao, whereby NBW has been issued against the petitioner and the next date is fixed on 08.12.2023 and it is further to direct the learned lower court be directed to allow the recall application moved by the petitioner on personal bonds without sending his judicial custody in jail, in the interest of justice and in the light of judgment of Hon'ble Apex Court in Satendra Kumar Antil versus CBI & Another, Case No. 7598 of 2021, during the pendency of this Petition/application." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicants. As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicant to grant liberty to the applicants to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). With the aforesaid observations, the present petition is disposed of. Order Date :- 29.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench