The High Court disposed of an application seeking quashing of a non-bailable warrant. The applicant requested withdrawal of the application with liberty to file a regular bail application based on recent Supreme Court precedents.
Application disposed of with liberty to file a regular bail application.
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Neutral Citation No. - 2024:AHC:167925
Court No. - 77
Case :- APPLICATION U/S 482 No. - 27477 of 2024 Applicant :- Mukesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Akhil Krishna, Advocate, holding brief of Sri Pradeep Kumar Tiwari, learned counsel for the applicant 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 order dated 22.03.2023 passed by the Additional Chief Judicial Magistrate-I, Basti, in Criminal Case No. 597 of 2022, (State Vs. Ram Newas and another) arising out of Case Crime No.265 of 2021, under Sections 323, 308, 504, 506 of IPC, Police Station- Rudhauli, District- Basti, whereby the non-bailable warrnat has been issued against the applicant.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicant 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 applicant, 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 :- 21.10.2024/Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶10
(2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred¶10
2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶10
2021 SCC Online SC 941 · Who else cites this
Mukesh
Sanjay Kumar Pachori
As recorded by the court registry
2 orders share this CNR
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