Disposed¶13

Seeradhwaj and Another v. State of U.P. and Another

Allahabad HC11 Feb 2025A482/1404/2025

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application; non-bailable warrant (NBW); Allahabad High Court; Sanjay Kumar Pachori; Seeradhwaj; Agra; Mansukhpura police station; Case Crime No. 50 of 2021; Sections 323 and 308 IPC; charge-sheet submitted without arrest; offence punishable up to 7 years; Satender Kumar Antil v. CBI (2022) 10 SCC 51; category A; interim bail; regular bail liberty; withdrawal of 482 application; 2025:AHC:20101; order date 11.2.2025.

What did the court decide?

Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; prayer to quash the non-bailable warrant order refused. ¶13

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

¶1

Neutral Citation No. - 2025:AHC:20101

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 1404 of 2025

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Applicant :- Seeradhwaj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hans Nath Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Sri V. Singh, Advocate, holding brief of Sri Hans Nath Pandey, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

¶7

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 19.12.2024 passed Additional Chief Judicial Magistrate, VI Agra, in Criminal Case No. 15686 of 2022, (State Vs. Seeradhwaj and others) arising out of Case Crime No. 50 of 2021, under Sections 323 and 308 of I.P.C., Police Station- Mansukhpura, District- Agra, whereby the non-bailable warrant has been issued.

¶8

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.

¶9

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

¶10

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.

¶11

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

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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.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 11.2.2025 Akram

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

Seeradhwaj and Another v. State of U.P. and Another

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Seeradhwaj and Another v. State of U.P. and Another

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