Disposed

Ajay and 6 Others v. State of U.P. and Another

Allahabad HC23 Oct 2024A482/21895/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash orders issuing non-bailable warrants in session trial was disposed of. The court refused the prayer for quashing but granted liberty to file a regular bail application, directing consideration in light of Supreme Court judgments on bail norms.

What did the court decide?

Application disposed of with liberty to file a regular bail application before the court of competent jurisdiction.

Ajay and 6 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:169085

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 21895 of 2024

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Applicant :- Ajay And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Shri Niwash Yadav, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 14.03.2023 passed by Special Judge E.C. Act, Ballia in Session Trial No. 897 of 2022, (State Vs. Ajay & others), arising out of Case Crime No. 77 of 2006, under Sections 147, 148, 308, 324, 325 of I.P.C. by which the non-bailable warrants has been issued.

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Learned counsel for the applicants submits that proceedings of the aforesaid case were stayed by this Court till 2011.

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Learned counsel for the applicants submits that 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.

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Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

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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.

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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

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Online SC 941.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 23.10.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Ajay and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Ajay and 6 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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