Disposed¶12

Asgar Ali v. State of U.P. and Another

Allahabad HC23 Jan 2025A482/25642/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application (Asgar Ali; Case Crime No. 28 of 2023; sections 406, 420, 506 IPC; P.S. Obara, District Sonbhadra; chargesheet dated 23.4.2023 without arrest; summoning/cognizance order dated 26.2.2024) permitted to be withdrawn with liberty to move for regular bail; bail to be considered per Satender Kumar Antil (2021) 10 SCC 773, Siddharth (2022) 11 SCC 676 and Aman Preet Singh (2021) SCC OnLine SC 941; offence punishable up to 7 years; disposed of 24.01.2025; Allahabad High Court; Sanjay Kumar Pachori, J.

What did the court decide?

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, Siddharth and Aman Preet Singh. ¶12

Asgar Ali Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Case No. 1665 of 2024 (State vs. Rakeh Kumar Rawat and another), arising out of Case Crime No. 28 of 2023 under sections 406, 420, 506 I.P.C., together with the chargesheet dated 23.4.2023 and the summoning/cognizance order dated 26.2.2024, deserved to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

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Ratio / Principle

The application under Section 482 CrPC was permitted to be withdrawn, with liberty to the applicant to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

If a bail application is filed by the applicant's counsel, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil, Siddharth and Aman Preet Singh.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.) - Application U/S 482 No. 25642 of 2024 filed by Asgar Ali seeking quashing of the entire proceedings of Case No. 1665 of 2024 (State vs. Rakeh Kumar Rawat and another), arising out of Case Crime No. 28 of 2023 under sections 406, 420, 506 I.P.C., P.S. Obara, District Sonbhadra, pending before the Special Judge SC/ST Act / Civil Judge (S.D.)/F.T.C., Sonbhadra, along with the chargesheet dated 23.4.2023 and the summoning/cognizance order dated 26.2.2024. Counsel sought permission to withdraw the application; the Court disposed of the application with liberty to file a regular bail application before the court of competent jurisdiction, observing that any such bail application shall be decided in the light of the Supreme Court observations in Satender Kumar Antil v. CBI, (2021) 10 SCC 773, Siddharth v. State of U.P., 2022 (11) SCC 676, and Aman Preet Singh v. CBI, 2021 SCC OnLine SC 941. Order dated 24.1.2025.

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Neutral Citation No. - 2025:AHC:12975

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 25642 of 2024

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Applicant :- Asgar Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Piyush Tripathi, learned counsel for the applicant and Sri Kamleshwar Singh, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 1665 of 2024 (State vs. Rakeh Kumar Rawat and another), arising out of Case Crime No. 28 of 2023, under sections 406, 420, 506 I.P.C., P.S. Obara, DistrictSonbhadra, pending in the court of Special Judge SC/ST Act / Civil Judge (S.D.)/F.T.C., Sonbhadra as well as chargesheet dated 23.4.2023 and summoning/cognizance order dated 26.2.2024.

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Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the chargesheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

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After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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In case bail application is filed by the learned counsel for the applicant, 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.

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The application stands disposed of with the aforesaid liberty. Order Date :- 24.1.2025 Akram

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

Asgar Ali v. State of U.P. and Another

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Asgar Ali v. State of U.P. and Another

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