Sandeep Sharma vs State Of U.P. And Another
2022 Latest Caselaw 9416 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 3514 of 2021
 

 
Applicant :- Sandeep Sharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sachin Upadhyay,Awadhesh Kumar Misra,Manoj Kumar Srivastava,Shivendra Shivam Singh Ra
 
Counsel for Opposite Party :- G.A.,Lalit Kishore Tiwari,Manu Pandey,Vinay Ku. Pandey
 

 
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.

As per report of the Mediation & Conciliation Center of this Court, which is on record, mediation has not been successful between the parties and, no agreement could be arrived at between them.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of the order dated 03.09.2021 passed by the learned Chief Judicial Magistrate, Lucknow in Case No.7128 of 2021, arising out of FIR No.0175 of 2021 (State of U.P. and Sandeep Sharma and others).

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 7 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).

5. The applicant has specifically stated in paras-5, 6 and 7 that when he appeared in the Court of Chief Judicial Magistrate, he was assaulted by Ms. Manu Pandey, who adorned lawyer's dress, sister of respondent no. 2, Tanu Sharma, estranged wife of the applicant. Learned Chief Judicial Magistrate should ensure protection of the applicant and, if any untoward incident takes place regarding safety and security of the applicant, appropriate action should be taken against the person(s), who would be involved in the incident. The applicant will file this order before the D.C.P. (Central), who will also ensure security of the applicant as and when he appears before the learned Chief Judicial Magistrate.

Order Date :- 5.8.2022

MVS/-