Disposed¶15

Sanjay Kumar Alias Sunil Singh Thakur v. State of U.P. and Another

Allahabad HC27 Oct 2025A482/41614/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application withdrawn and disposed with liberty to file regular bail; charge sheet no. 668 of 2022 dated 06.12.2022; cognizance/summoning order dated 26.04.2023; bailable warrant dated 16.10.2024; Criminal Case No. 3342 of 2023; Case Crime No. 0685 of 2022; Sections 336, 306, 116 IPC; Police Station Kotwali Lalitpur, District Lalitpur; applicant not arrested during investigation; offence punishable up to 7 years; Satender Kumar Antil v. CBI (2022) 10 SCC 51 category A; Tej Pratap Tiwari J.; decided October 27, 2025.

What did the court decide?

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 observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51. ¶15

Sanjay Kumar Alias Sunil Singh Thakur 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 charge sheet no. 668 of 2022 dated 06.12.2022, cognizance/summoning order dated 26.04.2023, bailable warrant dated 16.10.2024 and the entire proceedings of Criminal Case No. 3342 of 2023 arising out of Case Crime No. 0685 of 2022 (Sections 336, 306, 116 IPC) should be quashed under Section 482 Cr.P.C.

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Court's answer

The application was permitted to be withdrawn, with liberty to the applicant to file a regular bail application before the court of competent jurisdiction, and the application stands disposed of with that liberty.

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Ratio / Principle

If a bail application is filed by counsel for the applicant, it shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 (category A: where a charge-sheet has been submitted against an accused who appeared, the bail application may be decided without taking the accused into physical custody or by granting interim bail till the bail application is decided).

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Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) disposed of an application under Section 482 Cr.P.C. (No. 41614 of 2024) by Sanjay Kumar alias Sunil Singh Thakur seeking quashing of charge sheet no. 668 of 2022 dated 06.12.2022, cognizance/summoning order dated 26.04.2023, bailable warrant dated 16.10.2024 and the entire proceedings of Criminal Case No. 3342 of 2023 (State v. Sanjay @ Sunil Singh Thakur), arising out of Case Crime No. 0685 of 2022 under Sections 336, 306, 116 IPC, Police Station Kotwali Lalitpur, District Lalitpur. During arguments, counsel sought permission to withdraw the application with liberty to move a regular bail application. The Court disposed of the application with that liberty, directing that any bail application be decided in the light of the Supreme Court's observations in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, wherein, for category A (accused appearing after submission of charge-sheet), bail may be considered without taking the accused into physical custody or by granting interim bail till the bail application is decided. The merits of the quashing prayer were not decided.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 41614 of 2024

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Sanjay Kumar Alias Sunil Singh Thakur

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Jaysingh Yadav
Counsel for Opposite Party(s)		: G.A.

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Court No. - 82

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HON'BLE TEJ PRATAP TIWARI, J.

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Heard Sri Jaisingh Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 Cr.P.C has been filed to quash the impugned charge sheet no. 668 of 2022 dated 06.12.2022, cognizance/summoning order dated 26.04.2023, Bailable warrant dated 16.10.2024 issued by learned Chief Judicial Magistrate, Lalitpur as well as entire proceedings of Criminal Case No. 3342 of 2023, (State Vs. Sanjay @ Sunil Singh Thakur) arising out of Case Crime No. 0685 of 2022, under Sections 336, 306, 116 of I.P.C., Police Station- Kotwali Lalitpur, District- Lalitpur pending in the Court of learned Chief Judicial Magistrate, Lalitpur.

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Learned counsel for the applicant 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 of imprisonment.

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During the course of arguments, learned counsel for the applicant submitted that he may be permitted 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 applicant, the same shall be decided in the light of the observations made in the

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A482 No. 41614 of 2024

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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.

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The application stands disposed of with the aforesaid liberty.

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(Tej Pratap Tiwari,J.)

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October 27, 2025 PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Sanjay Kumar Alias Sunil Singh Thakur v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Alias Sunil Singh Thakur v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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