Harkesh And 7 Others vs State Of U.P. And Another
2022 Latest Caselaw 10886 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 20076 of 2022
 

 
Applicant :- Harkesh And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shivanshu Kashyap,Ram Lakhan Kashyap
 
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Ram Lakhan Kashyap, learned counsel applicants and learned A.G.A. for State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of charge sheet dated 13.12.2021 in Criminal Case No. 1040 of 2022, arising out of FIR No. 336 of 2021, under Sections 147, 352, 332, 504, 506, 295A IPC, Police Station C.B. Ganj, District Bareilly as wel as cognizance order dated 07.05.2022 passed by Additional Chief Judicial Magistrate, Court No. 3, Bareilly.

3. Learned counsel for applicants, after arguing for some time, on instruction, submits that applicants are ready to surrender before the Trial Court and prayed that Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicants to surrender before Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

Order Date :- 22.8.2022

AK