Application under Section 482 CrPC to quash a charge-sheet was rejected as allegations disclosed a cognizable offence. Court declined to issue bail directions, relying on Apex Court guidelines.
Prayer to quash charge-sheet rejected; no specific bail directions issued.
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Court No. - 77 Case :- APPLICATION U/S 482 No. - 4214 of 2020 Applicant :- Ajay Yadav @ Titu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been file for quashing of the charge-sheet dated 24.05.2019 submitted in connection with Case Crime No. 436 of 2018, under Sections 347, 323, 325, 307, 504, 506 I.P.C., P.S. Badalpur, District Gautam Budh Nagar.
On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge-sheet against the applicant.
As this Court, in exercise of its power under Section 482 of the Code of Criminal Procedure, is not required to assess the correctness of the allegations and reliability of the material collected during the course of investigation, the prayer to quash the charge-sheet and the consequential proceeding is rejected.
At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.
As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021, decided on 07.10.2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
With the aforesaid observations, the application is disposed off.
Order Date :- 25.11.2021/ shiv
3 issues framed by the court
Whether the charge-sheet should be quashed under Section 482 CrPC as the allegations do not disclose a cognizable offence.
Whether specific directions for bail consideration should be issued regarding coercive processes.
Whether the Apex Court's guidelines on bail fetter the discretion of lower courts.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021, decided on 07.10.2021)
1 provisions across 1 enactments
Ajay Yadav @ Titu
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
