H.C.P. Ram Vilas Singh And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 6596 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4403 of 2022
 

 
Applicant :- H.C.P. Ram Vilas Singh And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Arvind Kumar
 
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 applicants have prayed for quashing of the impugned order dated 12.07.2019 passed by Additional Session Judge/Special Judge Gangster Act, Court No.5, Barabanki rejecting Criminal Revision No.02 of 2019 challenging order dated 18.02.2012 which for taking cognizance under Sections 323, 504, 355 IPC, 3(1)(x) S.C./S.T. Act against the petitioners by learned C.J.M. Court No.18 Barabanki.

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

4. At this stage, learned counsel for the applicants 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).

5 I have considered the submission advanced by the learned counsel for the applicants 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 applicants has further submitted that in the present case the applicants 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 applicants, this application is disposed of with a direction to the applicants to surrender before the trial Court within a period of seven days from today and apply for regular bail and, if the applicants do so, their 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 :- 12.7.2022

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