Lav Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11675 of 2023 Applicant :- Lav Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai 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 under Section 482 Cr.P.C has been filed by the applicant for the following main reliefs:- "WHEREAS, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Case Crime No-92/2019 registered U/Sec-498-A/323/504/506 I.P.C. and section 3/4 of D.P. Act police station P.G.I. district Lucknow. Further this Hon'ble Court may kindly be pleased to direct the court below to decide the bail application of applicant in light of law laid down by the Hon'ble Apex in Special Leave petition(Crl.) No-5191 of 2021 Satender Kumar Antil Vs. Central Bureau of Investigation and another in case applicant surrender before the court below and apply for bail in respect of Case Crime No-92/2019 registered U/Sec-498-A/323/504/506 I.P.C. and section 3/4 of D.P. Act police station P.G.I. district Lucknow and apply for bail." 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 applicant. 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 applicant to file bail application and the same may be decided in 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 :- 30.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench