Counsel for the applicant sought to withdraw the quashing application under Section 482 CPC with liberty to file a regular bail application, setting out relevant Supreme Court precedents.
Application disposed with liberty to file a regular bail application before the court of competent jurisdiction.
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Neutral Citation No. - 2024:AHC:147545
Court No. - 78
Case :- APPLICATION U/S 482 No. - 21520 of 2024
Applicant :- Dharm Raj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Sunil Kumar Patel, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 2238 of 2019, (State Vs. Dharm Raj and others) arising out of Case Crime No. 223 of 2014, under Sections 379, 323, 504, 325 of I.P.C., Police Station- Bahariya, District- Allahabad, pending in the Court of ACJM-7, Allahabad
Learned counsel for the applicants submits that the applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.
The application stands disposed of with the aforesaid liberty.
Order Date :- 10.9.2024 Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
Dharm Raj And 2 Others
State of U.P. and Another
Sanjay Kumar Pachori
As recorded by the court registry
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