Devendra Mani Tripathi vs State Of U.P. And Another
2022 Latest Caselaw 8711 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- APPLICATION U/S 482 No. - 18321 of 2018
 
Applicant :- Devendra Mani Tripathi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.,Shahroze Khan
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application has been filed for quashing of the impugned order and judgment dated 23.04.2018 and well as proceedings of Criminal Case No. 727 of 2015 (State Vs. Chinkan and Ors.), arising out of Case Crime No. 177 of 2013, under Sections 419, 420, 467, 468, 409, 120-B I.P.C., Police Station Uska Bazar, District Siddharth Nagar.

On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.

This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

At this stage, the learned counsel for the applicants submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.

As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

With the aforesaid observations, the application is disposed off.

Order Date :- 1.8.2022/Abhishek Singh