Osama Shamim vs State Of U.P. Thru. Secy. Home. ...
2022 Latest Caselaw 9561 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 5227 of 2022
 

 
Applicant :- Osama Shamim
 
Opposite Party :- State Of U.P. Thru. Secy. Home. Govt Of U.P. Lko And Another
 
Counsel for Applicant :- Prabhat Kumar Upadhyay
 
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 proceedings of Summoning order dated 25.07.2022 passed by Special Judge POCSO Act/Additional Sessions Judge, Balrampur in Special Sessions Case No.22 of 2022 in Case Crime No.34 of 2021 under Sections 354, 504, 506 IPC, 7/8 POCSO Act, 3(1)(W) (i) and 3(1)(dha) S.C./S.T. Act, Police Station Pachpedwa, Balrampur as well as charge-sheet No.2 dated 27.11.2021 under Sections 354, 504, 506 IPC, 7/8 POCSO Act, 3(1)(W) (i) and 3(1)(dha) S.C./S.T. Act Police Station Pachpedwa, Balrampur.

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 applicants 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 ten 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 :- 6.8.2022

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