Disposed¶13

Manju and 7 Others v. State of U.P. and Another

Allahabad HC13 Feb 2025A482/24424/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing refused; withdrawal with liberty for regular bail; Satender Kumar Antil (2022) 10 SCC 51 category A guidelines applied; charge-sheet filed without arrest; offence punishable up to 7 years; Sections 452, 147, 323, 506 IPC; Case Crime No. 174 of 2023; Criminal Case No. 3248 of 2024; cognizance/summoning order 27.11.2023; Judicial Magistrate, Atrauli, Aligarh; Police Station Pali Mukimpur; neutral citation 2025:AHC:20759; decided 13.2.2025.

What did the court decide?

Application disposed of; prayer to quash refused; applicants permitted to withdraw with liberty to file a regular bail application before the court of competent jurisdiction, which is to be decided in light of Satender Kumar Antil Vs. CBI (category A) observations. ¶13

Manju and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the entire proceedings of Criminal Case No. 3248 of 2024 (State Vs. Shyam Sing and others), arising out of Case Crime No. 174 of 2023, and the cognizance/summoning order dated 27.11.2023 passed by the Judicial Magistrate, Atrauli, Aligarh, ought to be quashed under Section 482 CrPC.

¶7

Court's answer

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

¶9

Ratio / Principle

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

¶10

Key takeaways

If a bail application is filed pursuant to the liberty granted, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil (category A), i.e., bail applications of accused against whom a charge-sheet has been submitted on appearance may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under S. 482 CrPC (No. 24424 of 2024) by Manju and 7 others to quash the entire proceedings of Criminal Case No. 3248 of 2024 (State Vs. Shyam Sing and others), arising out of Case Crime No. 174 of 2023 under Sections 452, 147, 323, 506 IPC, PS Pali Mukimpur, District Aligarh, and the cognizance/summoning order dated 27.11.2023 of the Judicial Magistrate, Atrauli, Aligarh. Counsel submitted that the applicants were never arrested during investigation and a charge-sheet had been filed, the offence being punishable up to 7 years. HELD: The prayer to quash was refused; however, after arguments, counsel was permitted to withdraw the application with liberty to file a regular bail application before the competent court, which shall be decided in the light of the Supreme Court's observations in Satender Kumar Antil Vs. CBI, (2022) 10 SCC 51 (category A: charge-sheet filed on appearance — bail may be considered without physical custody or with interim bail till decision). Application disposed of with the aforesaid liberty (order dated 13.2.2025).

¶1

Neutral Citation No. - 2025:AHC:20759

¶2

Court No. - 75

¶3

Case :- APPLICATION U/S 482 No. - 24424 of 2024

¶4

Applicant :- Manju And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Anish,Sajiya Parveen Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Ms. Sajiya Parveen, learned counsel for the applicants and Sri Pankaj Kumar Rai, learned brief holder 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 entire proceedings of Criminal Case No. 3248 of 2024, (State Vs. Shyam Sing and others), arising out of Case Crime No. 174 of 2023, under Sections 452, 147, 323, 506 of I.P.C., Police Station- Pali Mukimpur, District- Aligarh as well as cognizance/ summoning order 27.11.2023, pending in the Court of Judicial Magistrate, Atrauli, Aligarh.

¶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

¶12

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.

¶13

The application stands disposed of with the aforesaid liberty.

¶14

Order Date :- 13.2.2025 MAA/-

¶15

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

Manju and 7 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manju and 7 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

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

Anil Josan Alias Deepu vs State of U.P. and Another

Satyavir Singh vs State of U.P. and 2 Others

Harishchandra Kokru and Another vs State of U.P. and Another

Shyamlal and Another vs State of U.P. and Another

Mohd Rafi and Another vs State of U.P. and Another