Sanjay Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 11789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 5836 of 2022
 

 
Applicant :- Sanjay Kumar And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Rajiva Dubey,Jayshanker Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant(s) as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the charge-sheet filed in FIR No.0146 of 2021, under Section 354 IPC lodged at Police Station Lambhua, District Sultanpur, for quashing of the order dated 28.04.2022 by means of which the applicants have been summoned to face trial and for quashing of the entire proceedings of Criminal Case No.3898 of 2022, pending in the Court of learned Chief Judicial Magistrate, Sultanpur.

3. Learned counsel for the applicant(s) submits that the applicant(s) want(s) to surrender and apply for regular bail. Only prayer is that while considering the bail application of the applicant(s), trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

4. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 07 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

After admitting on bail, the applicants may file application for discharge, which shall be considered in accordance with law expeditiously by the learned trial Court concerned.

Order Date :- 30.8.2022

MVS/-