In an application under Section 482 CrPC seeking quashing of proceedings and bail protection, the court directed the lower court to consider the applicants' bail application if they appear. The matter was disposed of as a final order.
Direction to the concerned court to consider the applicants' bail application if they appear.
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Court No. - 34
Case :- APPLICATION U/S 482 No. - 3304 of 2022
Applicant :- Arjun And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard the learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing the chargesheet dated 5.6.2021 in case no. 1329 of 2021, State Vs. Arjun and another, arising out of case crime no. 0064 of 2021, under section 452, 323, 504, 506 I.P.C. police station Pashchim Sharira, District Kaushambi and cognizance order dated 18.11.2021 passed by learned Judicial Magistrate, Kaushambi as well as the entire proceedings thereof.
During the course of arguments, learned counsel for the applicants submits before me that some protection be granted to the applicants, if they appear before the court below.
Accordingly, this application is disposed of with a direction to the court concerned that in case the applicants appear before the court concerned and apply for bail, their bail application be considered and decided in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another. (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others 2016 (95) ACC 950.
The application is disposed of finally.
Order Date :- 11.2.2022 Gss
Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.11 18:00:34 IST Reason: Location: High Court of Judicature at Allahabad
Arjun And Another
State of U.P.
Sadhna Rani Thakur
As recorded by the court registry
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