Maulana Aftab Ahmad And Others vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 9468 ALL

Citation : 2022 Latest Caselaw 9468 ALL
Judgement Date : 5 August, 2022

Allahabad High Court

Maulana Aftab Ahmad And Others vs State Of U.P. Thru. Addl. Chief ... on 5 August, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 5172 of 2022
 

 
Applicant :- Maulana Aftab Ahmad And Others
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Ravi Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Vakalatnama filed by Mr.Vikas Vikram Singh, Advocate on behalf of opposite party No.2 is taken on record.

2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the cognizance order dated 8.3.2022 and non bailable warrant dated 15.07.2022 as well as charge-sheet No.1 of 2021 dated 25.7.2021 filed in Case Crime No.0074 of 2021 under Sections 147, 148, 323, 504, 506, 352, 452, 308 IPC Police Station Baskhari, Ambedkar Nagar.

3. 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.

4. Considering the aforesaid submission, present petition is disposed of with liberty to the petitioners to surrender before the trial Court within a period of 15 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). At the time of framing of the charge(s), the accused will have liberty to point out before the concerned trial Court that offence is not made out on the basis of material evidence available on record and the trial Court shall consider the submission, and then frame the charge(s) in accordance with law.

Order Date :- 5.8.2022

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