Gautam and 4 Others Vs State of U.P. and Another

Court No. - 88

Case :- APPLICATION U/S 482 No. - 1018 of 2022

Applicant :- Gautam And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Aslam,J.

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Heard learned counsel for the applicants and learned A.G.A. on behalf of the State.

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The instant application under Section 482 Cr.P.C. has been moved by the applicants for quashing charge-sheet dated 20.10.2020 and its cognizance order dated 8.2.2021 as well as entire proceedings of Criminal Case No.170 of 2021 (State Vs. Gautam and others), arising out of Case Crime No.95 of 2020, under Sections 352, 504, 506, 324, 147, 148, 323, 336 I.P.C., Police Station Kagaraul, District- Agra.

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Learned counsel for the applicants has confined his argument to the law laid down by Hon'ble Apex court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 and prayed for disposal of the bail application .

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From the perusal of record it appears that grounds alleged in the application can be decided by the trial court, therefore, I do not find any cogent reason to interfere in the cognizance order.

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The prayer for quashing of proceedings is refused.

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However, if the accused-applicants surrender before the court below and move bail application within 21 days from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra).

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For a period of 21 days from today, no coercive action shall be taken against the applicants.

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The application is, accordingly, disposed of.

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Order Date :- 24.3.2022 Anil K. Sharma

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Digitally signed by ANIL KUMAR SHARMA Date: 2022.03.28 10:27:47 IST Reason: Location: High Court of Judicature at Allahabad

Gautam and 4 Others v. State of U.P. and Another

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Gautam and 4 Others v. State of U.P. and Another

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