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Judgment
G.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 3.9.2021 in connection with Crime No.168/2020 registered at Police Station Utila, District Gwalior for offence under Sections 365, 323, 294, 307, 34 of IPC, under Section 11/13 of MPDVPK Act and under Section 25, 30 of the Arms Act.
It is submitted by the counsel for the applicant that the applicant is seriously ill and he is not getting proper treatment.
In paragraph 4 of the bail application, it is mentioned that the applicant is suffering from tuberculosis and heart related diseases and his one lung has already been removed.
When the counsel for the applicant was directed to point out the medical documents to show that his one lung was removed after conducting a major surgery, then it is submitted by Shri Asthana that in fact the applicant did not have one lung right from his date of birth. This verbal submission made by Shri Asthana is contrary to the written grounds.
Under these circumstances, the counsel for the applicant seeks permission of this Court to withdraw this application with liberty to file a properly constituted application with all necessary medical documents to substantiate his contentions.
With aforesaid liberty, the application is dismissed as withdrawn.