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

Abid Ali 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Application withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme Court's observations in Satender Kumar Antil (2022) 10 SCC 51.

Issue for consideration

Whether the Section 482 CrPC application filed by applicant Abid Ali to quash the proceedings of Criminal Case No. 3959 of 2024 and the charge sheet dated 31.10.2023 pending before CJM Maharajganj should be entertained. +1 more

Court's answer

Upon considering the facts and circumstances of the case, the applicant's prayer (to quash the proceedings and charge sheet) is hereby refused.

Ratio / Principle

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

Key takeaways

Directive attached to the liberty granted: in case a bail application is filed by counsel for the applicant(s), the same shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (per which, for accused against whom charge-sheet was submitted on appearance, bail applications may be decided without physical custody or with interim bail till the bail application is decided). The custody/interim-bail wording itself is recited from that Supreme Court judgment, not independently held by this court.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 75), Sanjay Kumar Pachori, J.; APPLICATION U/S 482 No. 30108 of 2024, Abid Ali vs State of U.P. and Another; order dated 10.2.2025 (Neutral Citation 2025:AHC:18720). Applicant sought quashing of the proceedings of Criminal Case No. 3959 of 2024 (State Vs. Rajeshwar and others), arising out of Case Crime No. 513 of 2023, under Sections 419, 420, 269 of I.P.C., Police Station- Kotwali, District- Maharajganj, together with charge sheet dated 31.10.2023 pending in the Court of Chief Judicial Magistrate, Maharajganj. Counsel submitted the applicant was not arrested during investigation though charge-sheeted, and the offence is punishable up to 7 years. The quashing prayer was refused; counsel then withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction. The Court ordered that any bail application filed thereafter be decided in the light of the Supreme Court's observations in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein (Category A, para 2) bail applications of accused against whom 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. Application stands disposed of.

Neutral Citation No. - 2025:AHC:18720

Court No. - 75

Case :- APPLICATION U/S 482 No. - 30108 of 2024

Applicant :- Abid Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Kumar,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Dinesh Kumar Pandey, learned counsel for the applicant and Sri R.K.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. 3959 of 2024 (State Vs. Rajeshwar and others), arising out of Case Crime No. 513 of 2023, under Sections 419, 420, 269 of I.P.C., Police Station- Kotwali, District- Maharajganj, as well as charge sheet dated 31.10.2023, pending in the Court of Chief Judicial Magistrate, Maharajganj.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. 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 applicant is, hereby, refused.

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.

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 :- 10.2.2025 MAA/-

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