Premveer and 8 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Premveer and 8 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Section 482 application and file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1232 of 2024 (State v. Premveer and others), arising out of Case Crime No. 64 of 2024 (Sections 323, 54, 452, 147 IPC, P.S. Sakrauli, District Etah), together with the cognizance/summoning order dated 6.11.2024 pending before the Judicial Magistrate, Jalesar, should be quashed through this Section 482 CrPC application. +1 more

Court's answer

The prayer made by learned counsel for the applicants to quash the criminal-case proceedings and the cognizance/summoning order is refused.

Ratio / Principle

After arguments, the applicants' counsel opted to withdraw the application; the court disposed of the application with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

Any regular bail application subsequently filed by the applicants shall be decided in the light of the observations made in the Supreme Court's judgments in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51.ratio¶11

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 1236 of 2025, High Court of Judicature at Allahabad (Court No. 75; Hon'ble Sanjay Kumar Pachori, J.; order dated 12.3.2025; neutral citation 2025:AHC:36813). Premveer and 8 others sought quashing of the entire proceedings of Criminal Case No. 1232 of 2024 (State v. Premveer and others), arising out of Case Crime No. 64 of 2024, Sections 323, 54, 452, 147 IPC, Police Station Sakrauli, District Etah, together with the cognizance/summoning order dated 6.11.2024 pending before the Judicial Magistrate, Jalesar (District Egah). Counsel submitted that the applicants were not arrested during the course of investigation yet a charge-sheet was filed against them, and the offence is punishable with imprisonment up to 7 years. The prayer was refused; counsel thereafter withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction, and the application stands disposed of accordingly. Any such bail application is to be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51 — Category A accused (charge-sheeted on appearance) whose bail applications may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided, with a better exercise of discretion in favour of the accused.

Neutral Citation No. - 2025:AHC:36813

Court No. - 75

Case :- APPLICATION U/S 482 No. - 1236 of 2025

Applicant :- Premveer And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anant Kumar Tiwari,Rajesh Kumar Yadav,Vineet Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Anant Kumar Tiwari, 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 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No.1232 of 2024, (State Vs. Premveer and others) arising out of Case Crime No. 64 of 2024, under Sections 323, 54, 452, 147 of I.P.C., Police Station- Sakrauli, District- Etah, as well as cognizance/ summoning order 6.11.2024, pending in the Court of Judicial Magistrate, Jalesar, District Egah.

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 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 applicants is, hereby, refused.

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.

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, (2022) 10 SCC 51 , wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which

charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 12.3.2025 Akram

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