Devendra Singh @ Devendranath Singh and Another Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Devendra Singh @ Devendranath Singh and Another Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of on withdrawal, with liberty to the applicants to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in light of Satender Kumar Antil v. CBI, (2022) 10 SCC 51. Quashing prayer refused; no costs or other relief indicated.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 85927 of 2023 (State Vs. Devendra Singh and Others), arising out of Case Crime No. 84 of 2023 under Sections 323, 504 and 506 IPC, Police Station Suhawal, District Ghazipur, and the cognizance/summoning order dated 13.12.2023 of the Chief Judicial Magistrate, Ghazipur, are liable to be quashed under Section 482 CrPC. +1 more

Court's answer

After considering the facts and circumstances of the case, the Court refused the prayer to quash the proceedings of Criminal Case No. 85927 of 2023 and the cognizance/summoning order dated 13.12.2023.

Ratio / Principle

The Court directed that if a regular bail application is filed for the applicants, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 (whose Category A observations, as reproduced by this Court, contemplate bail decisions for accused appearing after charge-sheet without physical custody or with interim bail till decision); the description of Category A is the quoted precedent's content, not this Court's independent holding.

Key takeaways

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 the application stands disposed of with that liberty.ratio¶¶10

Detailed headnote1 paragraphs

[Neutral Citation: 2025:AHC:20537] Criminal Procedure - S.482 CrPC - quashing of proceedings and summoning order - prayer refused - Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.) declined to quash the entire proceedings of Criminal Case No. 85927 of 2023 (State Vs. Devendra Singh and Others), arising out of Case Crime No. 84 of 2023 under Sections 323, 504 and 506 IPC, Police Station Suhawal, District Ghazipur, and the cognizance/summoning order dated 13.12.2023 of the Chief Judicial Magistrate, Ghazipur. The applicants, who as submitted by counsel were not arrested during investigation, against whom a charge-sheet had been submitted, and whose alleged offence was punishable up to 7 years, obtained liberty to withdraw the application and file a regular bail application; the Court directed that any such bail application be decided in light of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, whose Category A observations (para 2 thereof, as quoted by this Court) contemplate that bail applications of accused against whom a charge-sheet has been submitted on appearance may be decided without taking the accused in physical custody or by granting interim bail till the bail application is decided. Application disposed of with the aforesaid liberty. Order dated 13.2.2025.

Neutral Citation No. - 2025:AHC:20537

Court No. - 75

Case :- APPLICATION U/S 482 No. - 38789 of 2024

Applicant :- Devendra Singh @ Devendranath Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Praveen Kumar Singh, learned counsel for the applicants and 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.85927 of 2023, (State Vs. Devendra Singh and Others) arising out of Case Crime No. 84 of 2023, under Sections 323, 504 and 506 of I.P.C., Police Station- Suhawal, DistrictGhazipur, as well as cognizance/ summoning order 13.12.2023, pending in the Court of Chief Judicial Magistrate, Ghazipur.

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, (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 :- 13.2.2025 Akram

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