The High Court refused to quash the criminal proceedings but allowed the application to be withdrawn with liberty to file a bail application, relying on selected Supreme Court precedents.
Application withdrawn with liberty to file a bail application in the court below.
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Neutral Citation No. - 2024:AHC:194654
Court No. - 77
Case :- APPLICATION U/S 482 No. - 25648 of 2024
Applicant :- Jagat Bahadur And Anothers Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Santosh Kumar Yadav,Sunil Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri S.K.Yadav, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Case No. 259 of 2024 (State vs. Jagat Bahadur & Another), arising out of Case Crime No. 155 of 2019, under Sections 504, 56 IPC, P.S. Cantt., District Prayagraj as well as cognizance/summoning order dated 07.05.2024, pending in the court of Judicial Magistrate-IV, Allahabad.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is hereby refused.
After some arguments, learned counsel for the applicants wants to withdraw this application with liberty to file a bail application before the court of competent jurisdiction.
In view of the above, this application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below in terms of the decisions rendered by the Supreme Court in Satendra Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 and Siddharth Vs. The State of Uttar Pradesh and another, 2022(11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941 .
Order Date :- 12.12.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation & AnotherReferred¶11
Satendra Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh and anotherReferred¶11
Siddharth Vs. The State of Uttar Pradesh and another, 2022(11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶11
Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941 · Who else cites this
Jagat Bahadur And Anothers
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
