Anil Josan Alias Deepu vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Anil Josan Alias Deepu vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application permitted to be withdrawn with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of the Supreme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

Issue for consideration

Whether the Section 482 CrPC application seeking quashing of the order dated 28.5.2019 passed by the Judicial Magistrate, Khair (issuing a non-bailable warrant in Criminal Case No. 365 of 2018) should be granted.

Court's answer

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant (for quashing the order issuing the non-bailable warrant) 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

Any bail application subsequently filed by the applicant shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil (2022) 10 SCC 51, i.e., for category A accused (against whom the charge-sheet has been submitted on appearance), bail applications may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), Order dated 11.2.2025 in Application U/S 482 No. 4102 of 2025 (Anil Josan Alias Deepu v. State of U.P. and Another): The application under Section 482 CrPC sought quashing of the order dated 28.5.2019 passed by the Judicial Magistrate, Khair in Criminal Case No. 365 of 2018 (State Vs. Anil Josan @ Deepur), arising out of Case Crime No. 333 of 2018 under Sections 420, 406 and 506 I.P.C., Police Station Khair, District Aligarh, whereby a non-bailable warrant had been issued. Learned counsel submitted that the applicant was not arrested during investigation, the charge-sheet stood submitted against him, and the offence was punishable up to 7 years imprisonment. The court refused the quashing prayer; counsel then withdrew the application with liberty to file a regular bail application before the court of competent jurisdiction. The court directed that any such bail application be decided in light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: where the charge-sheet has been submitted on appearance, the bail application may be decided without the accused being taken into physical custody or by granting interim bail till the bail application is decided). Application disposed of accordingly.

Neutral Citation No. - 2025:AHC:20461

Court No. - 75

Case :- APPLICATION U/S 482 No. - 4102 of 2025

Applicant :- Anil Josan Alias Deepu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari,Sanjay Shukla Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Diwakar Tiwari, learned counsel for the applicant 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 order dated 28.5.2019, passed by the Judicial Magistrate, Khair, in Criminal Case No. 365 of 2018, (State Vs. Anil Josan @ Deepur) arising out of Case Crime No. 333 of 2018, under Sections 420, 406 and 506 of I.P.C., Police Station- Khair, District- Aligarh, whereby non-bailable warrant has been issued.

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 :- 11.2.2025 Akram

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