Satyaveer and 3 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Satyaveer and 3 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; such bail application to be decided in the light of the Supreme Court observations relied upon.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 603 of 2023 (State Vs. Satyaveer and others) arising out of Case Crime No. 123 of 2021 and the cognizance/summoning order dated 01.07.2023 should be quashed under Section 482 of the Code of Criminal Procedure, 1973. +1 more

Court's answer

The court refused the applicants' prayer to quash the proceedings of Criminal Case No. 603 of 2023 and the cognizance/summoning order dated 01.07.2023.

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.

Key takeaways

Any bail application filed shall be decided in the light of the observations made by the Supreme Court in Satender Kumar Antil ((2021) 10 SCC 773), Siddharth (2022 (11) SCC 676) and Aman Preet Singh (2021 SCC Online SC 941).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Application U/S 482 No. 34880 of 2024, decided 15.1.2025: The prayer under Section 482 CrPC to quash the entire proceedings of Criminal Case No. 603 of 2023 (State Vs. Satyaveer and others), arising out of Case Crime No. 123 of 2021 under Sections 341, 323, 504 IPC, Police Station Aonla, District Bareilly, together with the cognizance/summoning order dated 01.07.2023 of the Judicial Magistrate, Second, Aonla, was refused. After arguments, 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, and any such bail application is to be decided in the light of the observations of the Supreme Court in Satender Kumar Antil ((2021) 10 SCC 773), Siddharth (2022 (11) SCC 676) and Aman Preet Singh (2021 SCC Online SC 941). The application stands disposed of with the said liberty.

Neutral Citation No. - 2025:AHC:6392

Court No. - 75

Case :- APPLICATION U/S 482 No. - 34880 of 2024

Applicant :- Satyaveer And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neha Rani,Pawan Kumar Yadav,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Satyvendra Singh Yadav, learned counsel for the applicants and Sri Manoj Kumar 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. 603 of 2023, (State Vs. Satyaveer and others) arising out of Case Crime No. 123 of 2021, under Sections 341, 323, 504 of I.P.C., Police Station- Aonla, District- Bareilly, as well as cognizance/ summoning order 01.07.2023 pending in the Court of Judicial Magistrate, Second, Aonla, District Bareilly.

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 :- 15.1.2025 Ishan

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