Pavan And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 10884 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 24109 of 2022
 

 
Applicant :- Pavan And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Umesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants, learned AGA for the State.

The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 15.7.2018 and the entire proceedings of Case No.1413 of 2018 arising out of Case Crime No.697 of 2018, under Sections 452, 323, 504, 506 I.P.C., P.S. Khurja, District Bulandshahr pending in the court of Additional Chief Judicial Magistrate, Khurja.

At this stage, learned counsel for the applicants restrict his prayer for a direction to the court below to consider the bail application of the applicants in accordance with the judgment of the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave Petition (Crl.) No.5191 of 2021 dated 11th July, 2022. The applicant undertakes to appear before the trial court within 15 days from today.

Under the circumstances, considering the undertaking given by the applicants, to appear before the trial court within 15 days, it is hereby directed that the applicants shall surrender before the trial court within 15 days from today and in case, applicants surrender, the court below is expected to decide the bail application of the applicants in accordance with law, keeping in view the judgment of the Apex Court in the case of Satendra Kumar Antil (supra). For a period of 15 days from today, no coercive action shall be taken against the applicants in the aforesaid case.

It is provided that in case the applicants do not surrender within 15 days from today, the trial court shall proceed to take coercive measure strictly in accordance with law.

With the aforesaid observation and direction, the appeal is disposed of.

Order Date :- 22.8.2022

Bhaskar