Anand Singh vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

Anand Singh vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of on withdrawal by applicant's counsel, with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of the observations in Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676 and Aman Preet Singh 2021 SCC Online SC 941.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1470 of 2024 (State Vs. Anand Singh), arising out of Case Crime No. 73 of 2024 under Sections 279, 337, 338, 304-A, 419, 420 of I.P.C., Police Station Chakiya, District Chandauli, and the cognizance/summoning order dated 9.10.2024 pending before the Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli, should be quashed under Section 482 CrPC.

Ratio / Principle

The application under Section 482 CrPC stands disposed of, permitting the applicant to withdraw it, with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

If a bail application is filed by the learned counsel for the applicant, it shall be decided in light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, Siddharth Vs. The State of Uttar Pradesh & Another and Aman Preet Singh Vs. C.B.I. through Director.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 482 CrPC No. 1090 of 2025, Order Date 23.1.2025 (Neutral Citation 2025:AHC:12485): The applicant moved to quash the entire proceedings of Criminal Case No. 1470 of 2024 (State Vs. Anand Singh), arising out of Case Crime No. 73 of 2024 under Sections 279, 337, 338, 304-A, 419, 420 of I.P.C., Police Station Chakiya, District Chandauli, together with the cognizance/summoning order dated 9.10.2024 pending before the Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli. Learned counsel noted that the applicant was not arrested during investigation, a charge-sheet was submitted against him, and the offence is punishable up to 7 years imprisonment. After some arguments, counsel withdrew the application seeking liberty to file a regular bail application; the court disposed of the application with that liberty, directing that any bail application so filed be decided in light of the observations in Satender Kumar Antil Vs. CBI (2021) 10 SCC 773, Siddharth Vs. State of U.P. 2022 (11) SCC 676 and Aman Preet Singh Vs. CBI 2021 SCC Online SC 941.

Neutral Citation No. - 2025:AHC:12485

Court No. - 75

Case :- APPLICATION U/S 482 No. - 1090 of 2025

Applicant :- Anand Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Anand Kumar Singh, 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 entire proceedings of Criminal Case No. 1470 of 2024, (State Vs. Anand Singh), arising out of Case Crime No. 73 of 2024, under Sections 279, 337, 338, 304-A, 419, 420 of I.P.C., Police Station- Chakiya, DistrictChandauli, as well as cognizance/summoning order dated 9.10.2024, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli.

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 :- 23.1.2025 A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad