Monu @ Deepak Tyagi vs State of Upand Another — Allahabad HC (2025) — LawSathi Research

Monu @ Deepak Tyagi vs State of Upand Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of as withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of the Supreme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

Issue for consideration

Whether the entire proceedings of Criminal Case No. 11648 of 2022 (State Vs. Anil & others), arising out of Case Crime No. 455 of 2021, and the cognizance/summoning order dated 06.08.2024 should be quashed under Section 482 CrPC.

Court's answer

The prayer made by learned counsel for the applicant to quash the proceedings and the cognizance/summoning order is 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

If a bail application is filed for the applicant, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 (regarding Category A accused against whom charge-sheet has been submitted on appearance).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application under Section 482 CrPC (No. 37353 of 2024) by Monu @ Deepak Tyagi seeking quashing of the entire proceedings of Criminal Case No. 11648 of 2022 (State Vs. Anil & others), arising out of Case Crime No. 455 of 2021 under Sections 147, 148, 149, 452, 323, 324, 504, 506 IPC, P.S. Parikshitgarh, District Meerut, and the cognizance/summoning order dated 06.08.2024 of the ACJM, Court No. 1, Meerut: prayer to quash refused. After arguments, counsel sought and was granted permission to withdraw the application with liberty to file a regular bail application before the competent court. Any such bail application is to be decided in light of Satender Kumar Antil Vs. CBI, (2022) 10 SCC 51 — Category A: where the accused was not arrested and the charge-sheet has been submitted on appearance (offence stated by counsel to be punishable up to 7 years), the bail application may be decided without taking the accused into physical custody or by granting interim bail till decision. Application disposed of. Order dated 5.2.2025. Neutral Citation 2025:AHC:15890.

Neutral Citation No. - 2025:AHC:15890

Court No. - 75

Case :- APPLICATION U/S 482 No. - 37353 of 2024

Applicant :- Monu @ Deepak Tyagi Opposite Party :- State Of Upand Another Counsel for Applicant :- Swayamanand Sisodiya Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Swayamanand Sisodiya, 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. 11648 of 2022, (State Vs. Anil & others) arising out of Case Crime No. 455 of 2021, under Sections 147, 148, 149, 452, 323, 324, 504, 506 of I.P.C., Police StationParikshitgarh, District- Meerut as well as cognizance/ summoning order 06.08.2024 pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Meerut.

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 :- 5.2.2025 MAA/-

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