Disposed¶13

Gyan Singh and Another v. State of U.P. and Another

Allahabad HC27 Jan 2025A482/37661/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application refused; Allahabad High Court; Gyan Singh; Criminal Case No. 2264 of 2020; Case Crime No. 236 of 2020; Sections 323, 325, 452, 504, 506 IPC; Police Station Nawabganj, District Prayagraj; cognizance/summoning order 11.1.2020; ACJM Court No. 16 Allahabad; charge-sheet submitted without arrest; offence punishable up to 7 years; liberty to file regular bail; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A guidelines; interim bail till bail application decided; disposed of 27.1.2025.

What did the court decide?

Prayer to quash refused; applicants permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction, to be decided in light of Satender Kumar Antil, (2022) 10 SCC 51. ¶13

Gyan Singh and Another 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. 2264 of 2020 (State Vs. Gyan Singh and another), arising out of Case Crime No. 236 of 2020 under Sections 323, 325, 452, 504, 506 IPC, and the cognizance/summoning order dated 11.1.2020 should be quashed under Section 482 CrPC.

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Court's answer

The prayer made by learned counsel for the applicants to quash the proceedings is refused.

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Ratio / Principle

Learned counsel for the applicants is permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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Key takeaways

If a bail application is filed, it 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.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Order Date 27.1.2025 — Application under Section 482 of the Code of Criminal Procedure, 1973 (APPLICATION U/S 482 No. 37661 of 2024) filed by Gyan Singh and another to quash the entire proceedings of Criminal Case No. 2264 of 2020 (State Vs. Gyan Singh and another), arising out of Case Crime No. 236 of 2020, under Sections 323, 325, 452, 504, 506 of I.P.C., Police Station Nawabganj, District Prayagraj, and the cognizance/summoning order dated 11.1.2020 pending before the Additional Chief Judicial Magistrate, Court No. 16, Allahabad. Applicants were not arrested during investigation and a charge-sheet was submitted; the offence is punishable up to 7 years imprisonment. The Court refused the prayer to quash, permitted withdrawal of the application with liberty to file a regular bail application before the court of competent jurisdiction, and directed that any such bail application 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 (category A: bail applications of accused against whom charge-sheet has been submitted on appearance may be decided without physical custody or by granting interim bail till the bail application is decided). Application disposed of accordingly.

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Neutral Citation No. - 2025:AHC:13412

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 37661 of 2024

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Applicant :- Gyan Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Patel,Srijan Mehrotra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Ashwani Kumar Patel, learned counsel for the applicants and Sri Alok Mishra, 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. 2264 of 2020, (State Vs. Gyan Singh and another) arising out of Case Crime No. 236 of 2020, under Sections 323, 325, 452, 504, 506 of I.P.C., Police StationNawabganj, District- Prayagraj, as well as cognizance/ summoning order 11.1.2020 pending in the Court of Additional Chief Judicial Magistrate- Court No. 16, Allahabad.

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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.

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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

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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.

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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

Gyan Singh and Another v. State of U.P. and Another

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Gyan Singh and Another v. State of U.P. and Another

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