Citation : 2022 Latest Caselaw 9319 ALL
Judgement Date : 4 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- APPLICATION U/S 482 No. - 5142 of 2022 Applicant :- Rajesh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Bal Krishna Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Bal Krishna Shukla, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 7385 of 2020, (State Vs. Rajesh and others) arising out of Case Crime No. 153 of 2019, under Sections 323, 504, 506, 308 of I.P.C., Police Station- Nawabganj, District- Bahraich, pending in the Court of Additional Chief Judicial Magistrate/F.T.C. Bahraich.
Learned counsel for the applicants submits that Rajesh and Sabit @ Sabit Ram applicants have not been arrested during the course of investigation and the charge-sheet has been submitted against them.
After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.
The application stands disposed of with the aforesaid liberty.
Order Date :- 4.8.2022
Ishan
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