Lakhpat and 9 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Lakhpat and 9 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; prayer to quash the proceedings and charge-sheet refused.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 4720 of 2023 (arising out of Case Crime No. 416 of 2021, Sections 147, 148, 323 I.P.C., Police Station Ahmadgarh, District Bulandshahr) and the charge-sheet dated 06.06.2022 pending before the Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr, should be quashed under Section 482 CrPC. +1 more

Court's answer

This Court refused the applicants' prayer to quash the proceedings of Criminal Case No. 4720 of 2023 and the charge-sheet dated 06.06.2022 pending before the Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr.

Ratio / Principle

After arguments, learned counsel for the applicants opted to withdraw the application, with liberty granted to file a regular bail application before the court of competent jurisdiction.

Key takeaways

Directive guidance: any bail application subsequently filed shall be decided in the light of the observations made in Supreme Court judgments — Satender Kumar Antil v. CBI, (2021) 10 SCC 773; Siddharth v. State of U.P., 2022 (11) SCC 676; and Aman Preet Singh v. C.B.I., 2021 SCC Online SC 941. The bail decision itself is expressly left open to the future application.obiter¶11

Detailed headnote1 paragraphs

Allahabad HC (Sanjay Kumar Pachori, J.), Order dt. 8.1.2025: Application U/S 482 CrPC No. 21521 of 2024 by Lakhpat & 9 others to quash Criminal Case No. 4720 of 2023 (State Vs. Lakhpat and others) arising out of Case Crime No. 416 of 2021, under Sections 147, 148, 323 I.P.C., Police Station Ahmadgarh, District Bulandshahr, and the charge-sheet dt. 06.06.2022 pending before Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr — prayer refused; counsel withdrew the application with liberty to file a regular bail application, to be decided in light of Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676 and Aman Preet Singh 2021 SCC Online SC 941; application disposed of with the aforesaid liberty.

Neutral Citation No. - 2025:AHC:4103

Court No. - 75

Case :- APPLICATION U/S 482 No. - 21521 of 2024

Applicant :- Lakhpat And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Nitin Sharma, learned counsel for the applicants and Sri Vijay Kumar Mishra, 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. 4720 of 2023, (State Vs. Lakhpat and others) arising out of Case Crime No. 416 of 2021, under Sections 147, 148, 323 of I.P.C., Police Station- Ahmadgarh, DistrictBulandshahr, as well as charge-sheet dated 06.06.2022 pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr.

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, (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 :- 8.1.2025 Ishan

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad