Dismissed

Shairun Nisha and 2 Others v. State of U.P.and Another

Allahabad HC8 Jul 2022A482/4848/2022

Case brief

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What is this about?

The Single Judge rejected the application to quash the charge sheet and cognizance order under Section 482 Cr.P.C., finding allegations supported by material. The court dismissed the request for bail directions, relying on existing Supreme Court guidelines.

What did the court decide?

Application to quash charge sheet rejected; prayer for bail directions dismissed; case disposed of.

Shairun Nisha and 2 Others Vs State of U.P.and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 4848 of 2022

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Applicant :- Shairun Nisha And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Munna Tiwari 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 charge sheet dated 31.12.2020 as well as cognizance/summoning order dated 4.12.2021 (State Vs. Reema Devi and others), under sections 419, 420, 504, 506, 120-B IPC, P.S. Gulriha, District Gorakhpur arising out of Case Crime no. 144 of 2020 pending in the court of Addl. C.J.M.-II, Gorakhpur.

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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 :- 8.7.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.07.08 17:38:23 IST Reason: Location: High Court of Judicature at Allahabad

Shairun Nisha and 2 Others v. State of U.P.and Another

Case brief

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Shairun Nisha and 2 Others v. State of U.P.and Another

Case brief

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