Bainami and 5 Others vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:168384

Court No. - 77

Case :- APPLICATION U/S 482 No. - 30898 of 2024 Applicant :- Bainami And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Rajesh Kumar Pandey, learned counsel for the applicants and Ms. Ladly Pandey, 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 entire proceedings of Criminal Case No. NIL OF 2023 (State of U.P. v. Bainami and Others), arising out of Case Crime No.220 of 2023, under Sections 147, 323, 308 of I.P.C., Police Station- Chola, DistrictBulandshahar, as well as the summoning/cognizance order dated 26.12.2023, pending in the Court of Additional Chief Judicial Magistrate, Court No.4, Bulandshahar.

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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 .

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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 Online SC 941.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 22.10.2024/Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Bainami and 5 Others v. State of U.P. and Another

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