The High Court granted liberty for the applicants to file a regular bail application under Section 482 Cr.P.C., deferring the final disposal while the lower court considers the bail application within two weeks.
Liberty granted to file regular bail application within two weeks; Section 482 application disposed of.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 39340 of 2022
Applicant :- Vinod And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the entire criminal proceedings of Case No. 36962 of 2022 arising out of Case Crime No. 767 of 2021, under Sections 452, 354-B, 323, 506 IPC, P.S. Goverdhan, District Mathura pending in the court of Women Against Crime, Mathura and charge sheet dated 24.3.2022 and cognizance order dated 13.09.2022 passed by court of Women Against Crime, Mathura, whereby the court summoned the applicant no. 1 under Sections 354-B, 506 and applicants no. 2 & 3 were summoned under Section 452, 323, 506 IPC.
The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. It is further submitted that applicants co-operated in the investigation and they were given benefit of Section 41(A) of Cr.P.C. It is further submitted that the Investigating Officer after completing the investigation in a mechanical manner submitted charge sheet against the applicants, whereupon cognizance has been taken as aforesaid against the applicants.
Learned counsel for applicants after arguing at some length submits that sections involved against the applicants are punishable with maximum sentence of not more than seven years and the applicants had been granted benefit of Section 41-A Cr.P.C. was not misused and the applicants had fully cooperated in the investigation. As such liberty may be granted for filing regular bail application which may be considered expeditiously.
Learned AGA does not have any objection to the prayer made.
In view of aforesaid, liberty is granted to the applicants to file regular bail application before the court concerned which may be considered and decided in the light of judgment rendered by Hon'ble Supreme Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 , preferably within a period of two weeks.
With the above directions, this application u/s 482 is disposed of finally.
Order Date :- 2.1.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
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Satendra Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 · Who else cites this
Vinod And 2 Others
State Of U.P
Shekhar Kumar Yadav
As recorded by the court registry
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