The court showed disinclination to entertain an application under Section 482 Cr.P.C. as the applicant was not named in the chargesheet. The applicant was directed to approach the court below for bail or anticipatory bail under Section 41-A Cr.P.C.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 23971 of 2022
Applicant :- Naseer Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
This Court showed its disinclination to entertain this petition as subsequent to the chargesheet, the name of the petitioner was not shown.
The present petitioner may appear before the court below as it appears that the offence which is alleged is covered under Section 41-A of Cr.P.C., hence, he shall not be forcibly dealt with and he may appear before the court below for getting released on bail/anticipatory bail.
With these observations, the petition stands disposed of at this stage.
Order Date :- 10.8.2022 Irshad
Digitally signed by IRSHAD AHMAD SIDDIQUI Date: 2022.08.29 18:00:02 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether this court should entertain an application under Section 482 Cr.P.C. when the applicant is not named in the chargesheet.
Whether bail or anticipatory bail can be sought before the court below under Section 41-A Cr.P.C.
Naseer Ahmad
Kaushal Jayendra Thaker
As recorded by the court registry
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