Kadeer Khan And Others vs State Of U.P. And Another
2022 Latest Caselaw 10273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 2163 of 2018
 

 
Applicant :- Kadeer Khan And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Farhan Alam Osmany,Abdl Muqeet Khan
 
Counsel for Opposite Party :- Govt. Advocate,Anita Singh,Arun Kumar Verma,Km. Vishwa Mohini,Vimal Kumar
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and perused the record.

2. By way of this application under Section 482 CrPC, the applicants have prayed for quashing of the impugned chargesheet no. 260/2016, dated 12-11-2016, under sections 147, 148, 149, 447, 427, 324, 323, 504, 506 I.P.C. and sections 3(2)5Ka, 3(1)Cha, 3(1)da/dha of S.C./S.T.(PA) Act, arising out of Case Crime No. 263/2016, registered at Police Station-Bilgram, district-Hardoi as well as cognizance order dated 02-03-2017 passed by the learned Special Judge, Scheduled Castes/Scheduled Tribes Act, Hardoi and also to quash the entire proceedings of Case No. 116/2017 "State Vs. Matloob & Others", pending in the court of Special Judge, Scheduled Castes/Scheduled Tribes Act, Hardoi.

3. Learned counsel for the applicants submits that this application may be disposed of with a direction to the learned Magistrate to consider bail application of the applicants in light of judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. Through Director).

4. I have considered the submission advanced by the learned counsel for the applicants as well as the learned AGA, representing respondent-State.

5. The Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) has inter alia held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

6. In view of submissions advanced on behalf of the applicants, this application is disposed of with a direction to the applicants to surrender before the trial Court within a period of seven days from today and apply for regular bail and, if the applicants do so, their bail application shall be considered in light of the judgment passed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra).

Order Date :- 16.8.2022

AKS