Disposed¶13

Ajit Singh and Another v. State of Up and Another

Allahabad HC26 Jan 2025A482/36074/2024

Case brief

AI extract

What is this about?

S.482 CrPC quashing refused; application withdrawn with liberty for regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A; charge-sheet without arrest; offence up to 7 years; IPC 308 324 323 504 506; Case Crime No. 3 of 2024; Criminal Case No. 1073 of 2024; P.S. Thathiya, District Kannauj; CJM Kannauj summoning order 19.2.2024; Allahabad High Court; Sanjay Kumar Pachori, J.; order date 27.1.2025; 2025:AHC:13358.

What did the court decide?

Liberty to withdraw the Section 482 application and file a regular bail application before the court of competent jurisdiction; prayer to quash refused. ¶13

Ajit Singh and Another Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:13358

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 36074 of 2024

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Applicant :- Ajit Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Akhil Kumar Shukla, learned counsel for the applicants and Sri Tej Bhan 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 Criminal Case No. 1073 of 2024, (State Vs. Ajit and another) arising out of Case Crime No. 3 of 2024, under Sections 308, 324, 323, 504, 506 of I.P.C., Police Station- Thathiya, DistrictKannauj, as well as cognizance/summoning order 19.2.2024, pending in the Court of Chief Judicial Magistrate, Kannauj.

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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.

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Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused.

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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 charge-sheet has been submitted on appearance may be decided

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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.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 27.1.2025 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Ajit Singh and Another v. State of Up and Another

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