Manish (In Charge Sheet Manish ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 6273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4269 of 2022
 

 
Applicant :- Manish (In Charge Sheet Manish Yadav)
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Ramakar Shukla,Ashish Kumar,Ravindra Gupta
 
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 charge-sheet dated 1.09.2021 vide Case Crime No.211 of 2021 under Sections 354, 506 IPC, 3(1)(w)(ii) S.C./S.T. Act, 7/8 POCSO Act, Police Station Balidirai, District Sultanpur and order of cognizance and summoning order dated 27.01.2022 pending in the court of Additional District and Sessions Judge, Court No.12, Sultanpur in Special Trial No.95 of 2022.

3. This Court is not satisfied that there is no evidence against the applicant to support the charge-sheet. The evidence collected during the course of investigation does suggest commission of prima facia offence against the applicant.

4. At this stage, 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 application 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).

5 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. Learned counsel for the applicant has further submitted that in the present case the applicant was not arrested during the course of investigation and he cooperated in the investigation. The learned counsel, therefore, submits that his arrest in pursuance to the non-bailable warrant and his incarceration in jail merely because charge-sheet has been filed would be contrary to the governing principles for grant of bail, as observed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) as well as Siddharth Vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021, 2021 SCC onLine SC 615).

8. 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 seven 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) as well as in Siddharth Vs. State of Uttar Pradesh & Anr. (supra).

(Dinesh Kumar Singh, J.)

Order Date :- 7.7.2022

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