Disposed¶11

Pankaj Yadav Alias Suraj Yadav and 6 Others v. State of U.P. and Another

Allahabad HC7 Jan 2025A482/41965/2024

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application withdrawn; liberty to file regular bail; charge-sheet filed without arrest; offence punishable up to 7 years; Satender Kumar Antil (2021) 10 SCC 773; Siddharth (2022) 11 SCC 676; Aman Preet Singh 2021 SCC Online SC 941; IPC Sections 147, 308, 323, 504, 506, 325; Case Crime No. 132 of 2023; Criminal Case No. 41195 of 2024; P.S. Karanda, District Ghazipur; cognizance/summoning order dated 26.9.2024; Additional Civil Judge (J.D.)/Judicial Magistrate-8 Ghazipur; disposed of 7.1.2025; Allahabad High Court; Sanjay Kumar Pachori.

What did the court decide?

Withdrawal of the application permitted, with liberty to file a regular bail application before the court of competent jurisdiction. ¶11

Pankaj Yadav Alias Suraj Yadav and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the application permitted, with liberty to file a regular bail application before the court of competent jurisdiction.

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Issue for consideration

Whether the entire proceedings of Criminal Case No. 41195 of 2024 (arising out of Case Crime No. 132 of 2023) and the cognizance/summoning order dated 26.9.2024 should be quashed under Section 482 CrPC.

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Court's answer

Learned counsel for the applicants sought to withdraw the Section 482 application with liberty to file a regular bail application before the court of competent jurisdiction, and the Court permitted the withdrawal.

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Ratio / Principle

If a bail application is filed, it shall be decided in the light of the observations made in the Supreme Court judgments in Satender Kumar Antil, Siddharth and Aman Preet Singh.

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Key takeaways

The application stands disposed of with the aforesaid liberty.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; order dated 7.1.2025) — Application under Section 482 CrPC No. 41965 of 2024 by Pankaj Yadav alias Suraj Yadav and 6 others seeking quashing of the entire proceedings of Criminal Case No. 41195 of 2024 (State Vs. Pankaj Yadav and others), arising out of Case Crime No. 132 of 2023 under Sections 147, 308, 323, 504, 506, 325 IPC, Police Station Karanda, District Ghazipur, as well as the cognizance/summoning order dated 26.9.2024 passed by the Additional Civil Judge (J.D.)/Judicial Magistrate-8, Ghazipur. Counsel submitted that the applicants were not arrested during investigation, a charge-sheet was filed against them, and the offence is punishable up to 7 years imprisonment. After arguments, counsel withdrew the application with liberty to file a regular bail application before the competent jurisdiction; the Court disposed of the application on that basis, directing that any such bail application be decided in the light of the observations in Satender Kumar Antil Vs. CBI, (2021) 10 SCC 773, Siddharth Vs. State of U.P., 2022 (11) SCC 676, and Aman Preet Singh Vs. CBI, 2021 SCC Online SC 941.

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Neutral Citation No. - 2025:AHC:3245

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 41965 of 2024

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Applicant :- Pankaj Yadav Alias Suraj Yadav And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Ajeet Srivastava, learned counsel for the applicants and 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. 41195 of 2024, (State Vs. Pankaj Yadav and others) arising out of Case Crime No. 132 of 2023, under Sections 147, 308, 323, 504, 506, 325 of I.P.C., Police Station- Karanda, District- Ghazipur, as well as cognizance/summoning order dated 26.9.2024, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate-8, Ghazipur.

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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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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, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 7.1.2025 A.P. Pandey

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

Pankaj Yadav Alias Suraj Yadav and 6 Others v. State of U.P. and Another

Case brief

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Pankaj Yadav Alias Suraj Yadav and 6 Others v. State of U.P. and Another

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