Allahabad High Court
Rajkumar [email protected] Bittu And Another vs State Of U.P. And Another on 6 July, 2022
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 86
Case :- APPLICATION U/S 482 No. - 6957 of 2022
Applicant :- Rajkumar [email protected] Bittu And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Singh Yadava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
The instant application under Section 482 Cr.P.C has been filed for quashing of the charge sheet dated 28..2020 and summoning order dated 12.5.2021 and directing the courts below to consider and decide the bail application of the applicants expeditiously in view of the settled law laid by the Hon'ble Apex Court in the judgment in case of Satyendra Kumar Antil Vs. Central Bureau of Investigation reported in 2021 SCC Online SC 922 relating to Case No.1806 of 2021 (relating to Crime No. 173 of 2020) State Vs. Sanjay Kumar and others, under Section 406 I.P.C. P.S. Kotwali Ballia, District Ballia. Further prayer is to direct the authority concerned not to take any coercive action against the applicants.
Learned counsel for the applicants submits that the applicants are innocent and they have not committed any offence as alleged in the F.I.R. No money was ever received by the applicant from the informant. The F.I.R. has been lodged by the opposite party no.2 with a view to harass the applicants.
On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these disputed questions of fact can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.
At this stage, learned counsel for the applicants submits that he does not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).
The application is disposed off accordingly.
Order Date :- 6.7.2022
Ram Murti
