Citation : 2022 Latest Caselaw 8617 ALL
Judgement Date : 29 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 6566 of 2019 Applicant :- Daya Shankar Singh Opposite Party :- State Of U.P. Thru. S.S.P. Lko And Another Counsel for Applicant :- Lalit Kishore Pandey,Gopal Trivedi Counsel for Opposite Party :- Govt. Advocate,Som Kartik Shukla Hon'ble Dinesh Kumar Singh,J.
1. In compliance of the order dated 22.7.2022 passed by this Court, petitioner and opposite party no.2 are present and they have been identified by their respective counsels.
2. Though the petitioner has agreed for mediation, but opposite party no.2 is not willing to settle the dispute amicably outside the Court and he apprehends threat from the petitioner.
3. In view thereof, this Court is proceed to decide the case on merit.
4. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet no.01 of 2018, dated 20.3.2018 as well as the order of cognizance dated 17.4.2018 passed in Criminal Case No.23335 of 2018, State Vs. Daya Shankar Singh, under Sections 323, 504, 506, 109 and 452 IPC, pending in the court of Judicial Magistrate-III, Lucknow.
5. Learned counsel for the petitioner submits that the petitioner wants to surrender and apply for regular bail. Only prayer is that while considering the bail application of the petitioner, 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 and others: SLP(Crl) No.5191 of 2021.
6. Considering the aforesaid submission, present petition is disposed of with liberty to the petitioner to surrender before the trial Court within a period of seven days and apply for regular bail. Trial Court is directed to consider the bail application of the petitioner in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).
Order Date :- 29.7.2022
Rao/-
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