Disposed

Sarfaraz and 2 Others v. State of U.P. and Anotehr

Allahabad HC13 Sept 2023A482/29993/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. The applicant withdrew prayers to quash proceedings and sought bail consideration instead, referencing Satender Kumar Antil. The Court directed appearing within three weeks. No substantive order on merits was recorded.

What did the court decide?

Application under Section 482 Cr.P.C. disposed off; applicant directed to appear within three weeks to seek bail consideration.

Sarfaraz and 2 Others Vs State of U.P. and Anotehr — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177442

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 29993 of 2023

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Applicant :- Sarfaraz And 2 Others Opposite Party :- State Of U.P. And Anotehr Counsel for Applicant :- Sharad Malviya,Vinay Kumar Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,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 under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet no. 217 of 2022 dated 25.11.2022 and cognizance/summoning order dated 17.12.2022 as well as entire proceedings of Case Crime No. 270 of 2022 (State of U.P. Vs. Sarfaraz and others), under Sections 323, 308, 504 and 325 IPC, Police Station Aurai, District Bhadohi, pending in the court of Additional Chief Judicial Magistrate, Bhadohi, Gyanpur.

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After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered 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 (2022) 10 SCC 51.

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Learned counsel for the applicants has further submitted that co-accused Parvez @ Rinku has already been granted bail by this Court in Criminal Misc. Bail Application No. 32100 of 2023 (Parvez @ Rinku Vs. State of U.P.) vide order dated 08.08.2023.

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Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

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In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered 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 (2022) 10 SCC 51 .

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 13.9.2023 Subham

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Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad

Sarfaraz and 2 Others v. State of U.P. and Anotehr

Case brief

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Sarfaraz and 2 Others v. State of U.P. and Anotehr

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