In this application under Section 482 CrPC for quashing proceedings punishable by up to 7 years, the High Court refused the prayer. The applicant was granted liberty to file a bail application, to be decided by various Supreme Court precedents cited.
Application refused; liberty granted to file bail application.
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Neutral Citation No. - 2024:AHC:172745
Court No. - 77
Case :- APPLICATION U/S 482 No. - 31919 of 2024
Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Shubham Kumar, learned counsel for the applicant and Sri B.N. Upadhyay, 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 Criminal Case No. 601 of 2024, (State Vs. Sonu) arising out of Case Crime No. 401 of 2023, under Sections 354 of I.P.C., Police Station- Baberu, District- Banda, as well as cognizance/ summoning order 23.07.2024 pending in the Court of Judicial Magistrate, Baberu (Banda).
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.
Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.
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 :- 5.11.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
Sonu
Sanjay Kumar Pachori
As recorded by the court registry
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