Lavkush Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8790 ALL

Citation : 2022 Latest Caselaw 8790 ALL
Judgement Date : 1 August, 2022

Allahabad High Court

Lavkush Yadav vs State Of U.P. Thru. Prin. Secy. ... on 1 August, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4720 of 2022
 

 
Applicant :- Lavkush Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko And Another
 
Counsel for Applicant :- Pawan Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and perused the record.

2. By way of this application under Section 482 CrPC the applicant has prayed for quashing of the entire proceedings of charge-sheet filed in Case Crime No.0614 of 2017 under Section 3/7 Essential Commodities Act, Police Station Rupaidiha, Bahraich as well as summoning order dated 12.04.2019 vide Case No.9064 of 2020.

3. 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).

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

6. 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.

7. 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 :- 1.8.2022

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