Pawan Kumar vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 11289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 5661 of 2022
 

 
Applicant :- Pawan Kumar
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- M.V.S. Chauhan,Durga Prasad Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the parties and perused the record.

By way of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the impugned charge sheet no.01/2018, arising out of Case Crime No.486/2018, under Sections 3 (1) of U.P. Prevention of Antisocial Activities (Control) Act (Gangster Act), Police Station Gomti Nagar, Lucknow including the summoning order dated 01.10.2019 and entire proceedings pursuant thereto, pending in the Court of learned Special Judge, Gangster Act, Lucknow so far it relates to the applicant.

Learned counsel for the applicant submits that this application may be disposed of with a direction to the learned Magistrate to consider bail application of the applicant 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).

I have considered the submission advanced by the learned counsel for the applicant as well as the learned A.G.A., representing respondent-State.

Hon'ble 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.

In view of submissions advanced on behalf of the applicant, this application is disposed of with a direction to the applicant to surrender before the trial Court within a period of seven days from today and apply for regular bail and, if the applicant does so, his 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 :- 25.8.2022

Mahesh