Dismissed

Salman @ Bablu and 3 Others v. State of U.P. and Another

Allahabad HC27 May 2022A482/11022/2022

Case brief

AI extract

What is this about?

The Hon'ble Court rejected the prayer to quash the charge sheet and criminal proceedings in a cognizable offence case involving allegations of support from investigation material. The Court declined to issue specific directions for bail consideration, relying on Apex Court guidelines.

What did the court decide?

Prayer to quash charge sheet rejected; no specific direction issued regarding bail prayer.

Salman @ Bablu and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 11022 of 2022

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Applicant :- Salman @ Bablu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application has been filed for quashing of the entire proceeding of the Criminal Case no. 7943 of 2020 (Stte Vs. Salman @ Bablu and others), under sections 323, 504, 506, 324, 325, 308 IPC, P.S. Bilhaur, District Kanpur Shahr, in Case Crime no. 168 of 2020 as well as summoning order dated 25.8.1010 pending in the court of learned C.J.M. Kanpur Dehat.

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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.

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At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.

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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 direction 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.

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With the aforesaid observations, the application is disposed off.

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Order Date :- 27.5.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.05.30 16:32:59 IST Reason: Location: High Court of Judicature at Allahabad

Salman @ Bablu and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

Salman @ Bablu and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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