Criminal applicant sought to quash a charge sheet and proceedings. Counsel dropped other prayers, opting to apply for bail. The High Court dismissed the quash petition, directing the applicant to appear before the trial court within three weeks to apply for bail based on Satender Kumar Antil.
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Court No. - 65 Case :- APPLICATION U/S 482 No. - 15074 of 2023 Applicant :- Manindra Dhama Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 28.3.2022 and non bailable warrant and proceeding under Section 82 Cr.P.C. dated 6.2.2023 as well as entire criminal proceeding of Case No. 3537 of 2022 (State vs. Vijaypal Singh Nagar and other) arising out of Case Crime No. 766 of 2021, under Section 306 IPC, P.S. Kotwali, District- Ghaziabad, pending in the court of Addl. Chief Judicial Magistrate/ Addl. Civil Judge (Senior Division), Court No. 2, Ghaziabad.
After some argument, learned counsel for the applicant has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicant is ready to surrender before the court below and seek his bail and that his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 .
It is further submitted by the counsel for the applicant that during the course of investigation, the applicant has already been granted anticipatory bail by this Court.
Learned AGA states that he has no objection to the aforesaid prayer made by the counsel for the applicant for not pressing the other prayers made in the instant application.
In view of the above, in case the applicant appears before the court below within three weeks from today and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 27.4.2023 KU
Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be permitted to drop other prayers and solely seek bail.
Whether the applicant can be granted bail upon appearing before the trial court within three weeks.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of InvestigationApplied¶6
Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 · Who else cites this
2 provisions across 1 enactments
Manindra Dhama
State of U.P.
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
