Sachin and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sachin and 4 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 to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 2487 of 2024 (State Vs. Sachin and others) arising out of Case Crime No. 159 of 2022, and the cognizance/summoning order dated 13.02.2024, should be quashed under Section 482 CrPC.

Court's answer

On consideration of the facts and circumstances of the case, the applicants' prayer to quash the criminal proceedings and the cognizance/summoning order was refused.

Ratio / Principle

Learned counsel for the applicants was permitted to withdraw the Section 482 application with liberty to file a regular bail application before the court of competent jurisdiction.

Key takeaways

Any bail application subsequently filed shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (Category A): where the charge-sheet has been submitted on appearance, the bail application may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided, and a better exercise of discretion is expected in favour of such accused.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) - Section 482 CrPC application (No. 1613 of 2025) by Sachin and 4 others to quash the entire proceedings of Criminal Case No. 2487 of 2024 (State Vs. Sachin and others), arising out of Case Crime No. 159 of 2022 under Sections 147, 323, 354(Kha), 452, 504, 506 IPC, P.S. Kakrauli, District Muzaffarnagar, together with the cognizance/summoning order dated 13.02.2024 passed by the Judicial Magistrate, Court No.2, Muzaffarnagar. The applicants had not been arrested during investigation but were charge-sheeted, the offence being punishable up to 7 years' imprisonment. The quashing prayer was refused; counsel was, however, permitted to withdraw the application with liberty to file a regular bail application before the competent court, which is to be decided in the light of the Supreme Court's Category A observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (accused appearing and charge-sheeted may have bail considered without physical custody or with interim bail pending decision, with better exercise of discretion expected). Application disposed of on 5.2.2025.

Neutral Citation No. - 2025:AHC:17065

Court No. - 75

Case :- APPLICATION U/S 482 No. - 1613 of 2025

Applicant :- Sachin And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh Tomar Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Virendra Singh Tomar, learned counsel for the applicants and Sri Kamleshwar 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. 2487 of 2024, (State Vs. Sachin and others) arising out of Case Crime No. 159 of 2022, under Sections 147, 323, 354 (Kha), 452, 504, 506 of I.P.C., Police Station- Kakrauli, District- Muzaffarnagar, as well as cognizance/ summoning order 13.02.2024, pending in the Court of Judicial Magistrate, Court No.2, Muzaffarnagar.

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 :- 5.2.2025 Akram

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