The High Court granted liberty to the applicants to file a bail application before the trial court within three weeks and move for discharge thereafter, citing Satender Kumar Antil, before disposing of the section 482 application.
Grant of liberty to file bail application within three weeks and move for discharge.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 4748 of 2021
Applicant :- Mohammad Kamal And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Shri Nirmal Kumar Pandey, learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C has been filed to quash the impugned summoning order dated 04-10-2021 as well as impugned Bailable Warrant dated 18-10-2021 passed by the Chief Judicial Magistrate, Gonda passed in Chargesheet no. 01 of 2021 regarding Case Crime No. 307 of 2020, under sections 323,504 & 308 I.P.C., Police Station-Khondarey, District-Gonda as well as Chargesheet No. 01 of 2020.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.
At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial
court within three weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
The application is disposed of accordingly. Order Date :- 22.2.2023 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherExplained¶8
Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 · Who else cites this
Satender Kumar AntilExplained¶10
Satender Kumar Antil (supra)
Mohammad Kamal And Others
State of U.P.
Shree Prakash Singh
As recorded by the court registry
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