Court refused the prayer to quash criminal proceedings, allowing the applicant liberty to file a bail application which would be decided expeditiously.
Prayer for quashing refused; liberty granted to apply for bail within three weeks to be decided expeditiously.
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 29777 of 2022 Applicant :- Kapil @ Kapil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
The present 482 Cr.P.C. petition has been filed to quash/setaside the impugned bearing Charge Sheet no. 14.12.2017 as well charge. sheet 559 of 2017 dated as supplementary charge sheet no. 559A of 2017 dated 22.03.2018 in Criminal Case No. 1815 of 2018 (State Vs. Dharmendra and others) u/s 147, 148, 149, 307, 452, 323, 504, 506, 427, 326 and 34 IPC, Police Station Iglas, District Aligarh as well as cognizance order dated 06.06.2018 passed by Additional Chief Judicial Magistrate-11, Aligarh pertaining to Case Crime No.653 of 2017 pending in the Court of Additional Chief Judicial Magistrate-II, Aligarh.
Learned counsel for petitioner, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021 " to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioner appears before the trial court within three weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 26.9.2022 RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.26 18:25:56 IST Reason: Location: High Court of Judicature at Allahabad
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Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶5
Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021
Kapil @ Kapil Kumar
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
