Ramraj Yadav And Others vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 8717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 1982 of 2022
 

 
Applicant :- Ramraj Yadav And Others
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. And Another
 
Counsel for Applicant :- Nadeem Murtaza,Anjani Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Ram Singh,Sudhakar Prasad Tiwari
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No. 3648 of 2021, State Vs. Ram Raj Yadav and Others,pending in the court of learned Chief Judicial Magistrate, Lucknow as well as quashing of the summoning order dated 22-01-2021 passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 3648 of 2021, whereby the summons have been issued against the petitioners under sections 294, 147, 323, 504, 506, 452, 354, 427 I.P.C. and also for quashing of the Chargesheet No. 02 of 2019, dated 28-12-2020, arising out of Case Crime No. 1643/2019, registered at Police Station-Gomtinagar, district-Lucknow.

2. Learned counsel for the petitioners submits that the petitioners want to surrender and apply for regular bail. Only prayer is that while considering the bail application of the petitioners, 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.

3. Considering the aforesaid submission, present petition is disposed of with liberty to the petitioners to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the petitioners in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

4. After taking the bail, the petitioners may move the discharge application before the trial court and if they move the discharge application, their discharge application should be considered and decided by the trial court in accordance with law after taking into consideration the evidence/documents, which are of sterling and impeccable quality as held by the Supreme Court in the case of Rajiv Thapar and Others Vs. Madan Lal Kapoor, reported in (2013) 3 Supreme Court Cases,330.

Order Date :- 1.8.2022

AKS