Imtiyaz Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Imtiyaz Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Section 482 application and 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 v. CBI, (2022) 10 SCC 51, category (A).

Issue for consideration

Whether the entire proceedings of Criminal Case No. 118 of 2024 (State Vs. Riyasat and others), arising out of Case Crime No. 134 of 2023 under Sections 147, 148, 323 of I.P.C., and the charge sheet dated 27.10.2023 pending before the Judicial Magistrate, Court No. 3, Saharanpur, should be quashed under Section 482 CrPC.

Court's answer

The court considered the facts and circumstances of the case and refused the prayer made by learned counsel for the applicant to quash the proceedings.

Ratio / Principle

After arguments, the application stands disposed of, with learned counsel 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 pursuant to the liberty granted, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2022) 10 SCC 51, category (A), under which bail applications of accused persons 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, with a better exercise of discretion in favour of the accused.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 75) | APPLICATION U/S 482 No. 40433 of 2024 | Imtiyaz v. State of U.P. and another | Order dated 19.2.2025 | Sanjay Kumar Pachori, J. Prayer under Section 482 CrPC to quash the entire proceedings of Criminal Case No. 118 of 2024 (State Vs. Riyasat and others), arising out of Case Crime No. 134 of 2023, Sections 147, 148, 323 IPC, Police Station Gagal Hedi, District Saharanpur, and the charge sheet dated 27.10.2023 pending before Judicial Magistrate, Court No. 3, Saharanpur - REFUSED (para 9). The applicant, who was not arrested during investigation and against whom the charge-sheet was submitted (offence punishable up to 7 years, per counsel), was permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction (paras 10, 13). Any such bail application is to be decided in light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, category (A): accused charge-sheeted on appearance may have bail decided without physical custody or with interim bail till decision, with better exercise of discretion in favour of the accused (paras 11-12). Application disposed of accordingly (para 13).

Neutral Citation No. - 2025:AHC:24085

Court No. - 75

Case :- APPLICATION U/S 482 No. - 40433 of 2024

Applicant :- Imtiyaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamsuddin Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Shamsuddin Ahmad, 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. 118 of 2024 (State Vs. Riyasat and others), arising out of Case Crime No. 134 of 2023, under Sections 147, 148, 323 of I.P.C., Police Station- Gagal Hedi, DistrictSaharanpur, as well as charge sheet dated 27.10.2023, pending in the Court of Judicial Magistrate, Court No. 3, Saharanpur.

Learned counsel for the applicants submits that applicant was not arrested during the course of investigation and the charge-sheet have 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 applicant, 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 :- 19.2.2025 A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad