Shiv Prasad Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11859 of 2023 Applicant :- Shiv Prasad Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aniket Srivastav,Satish Chandra Kashish Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.

¶1Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

¶2The present petition under Section 482 Cr.P.C has been filed by the applicant with the following prayer: "

ववपककससखयय-2

दयरयववपककससखयय-1

ककसमकअसवकतकरयईगईपथमससचनय ररपपरर,

ममकदमयअपरयधससखयय217

वरर2023

परवववकचनयअधधकयरकदयरय

सरसरकततरपरवबनयतथययसयकययएवसकधथतघरनयककआधयरपरपयथरगणकक

ववरदसकमअवरनययययलय,

नययययलयधसववलजजजसवनयरवडवकजन/

एफरक सक/

जकएमनवकनगयडयककनययययलयममपसतमतआरपपपतआरपपपतससखयय-1

वदनयसक23

जमलयई2023

असतगरतधयरय323, 504, 506, 427

एवसधयरय325

ककआरपपएवसआरपपपतकककमममसकमअवरनययययलय/

नययययलयधसववलजज

जसवनयरवडवकजन/

एफरकसक/

जकएमनवकनगयडयदयरयधलएगएपशनगतपससजयन

आदकशदयरयययचकगणककववरदजयरकसममनआदकशवदनयसवकत02.9.2023 एवस

उकवतधथककउपरयसतजयरकसमसतआदकशकपमयननकयनययययलयममआहहतकरउसक

ववखसवडतकरनकककककपयकरम।अनयआदकशववनदरशजपमयननकयनययययलय

पररससथवतययककअनमरपपयथरगणककपकममयथपवचतपतकतकरम।वहभकपयररत

करनकककककपयकरम।"

¶3After arguing at some length, learned counsel for the applicants 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.

¶4It is further prayed that liberty may also be given to the applicants 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.

¶5Learned AGA has no objection to the prayer made by learned counsel for the applicants.

¶6As prayed, liberty is granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

¶7As far as prayer made by learned counsel for the applicants 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 (supra), liberty is given to the applicants 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 (supra).

¶8With the aforesaid observations, the present petition is disposed of. Order Date :- 6.12.2023 Mohit Singh High Court of Judicature at Allahabad, Lucknow Bench