Disposed¶10

Samitinjai Kumar Yadav Alias Bablu v. State of U.P. and Another

Allahabad HC23 Jan 2025A482/33222/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application disposed of as withdrawn with liberty to file regular bail; charge-sheet case under Sections 147/148/323/504/308 IPC, PS Ghughli, District Maharajganj; applicants not arrested during investigation; cognizance/summoning order dated 2.8.2024 by ACJM Maharajganj; bail to be considered per Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676, Aman Preet Singh 2021 SCC Online SC 941; Allahabad High Court; single judge Sanjay Kumar Pachori; neutral citation 2025:AHC:13237.

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. ¶10

Samitinjai Kumar Yadav Alias Bablu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 13800 of 2024, arising out of Case Crime No. 71 of 2024, and the cognizance/summoning order dated 2.8.2024 passed by the A.C.J.M., Maharajganj were liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973. (The application was withdrawn before any determination on this issue.)

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Ratio / Principle

After some arguments, the application under Section 482 CrPC was permitted to be withdrawn, with liberty to the applicants to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

In case a bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made by the Supreme Court 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.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; Application U/S 482 No. 33222 of 2024, decided 24.1.2025): Samitinjai Kumar Yadav alias Bablu sought quashing under Section 482 CrPC of the entire proceedings of Criminal Case No. 13800 of 2024, arising out of Case Crime No. 71 of 2024 under Sections 147, 148, 323, 504, 308 IPC, Police Station Ghughli, District Maharajganj, and of the cognizance/summoning order dated 2.8.2024 of the A.C.J.M., Maharajganj. Counsel for the applicant submitted that the applicants were not arrested during investigation, a charge-sheet had been submitted, and the offence was punishable up to 7 years imprisonment. After some arguments, the application was permitted to be withdrawn with liberty to file a regular bail application before the competent court; any such bail application is to be decided in the light of the Supreme Court's 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. Application disposed of; no merits determination on quashing.

Samitinjai Kumar Yadav Alias Bablu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Samitinjai Kumar Yadav Alias Bablu v. State of U.P. and Another

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What the court decided

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