Rizwan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 14988 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 7779 of 2022
 

 
Applicant :- Rizwan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Another
 
Counsel for Applicant :- Anupam Mishra,Anupam Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioner and Sri Ashwani Kumar Singh, learned AGA.

2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 6.10.2020 and the summoning order dated 7.10.2020 and the entire proceedings of Criminal Case No.1138 of 2020, State Vs. Akhil Ansari and others, arising out of Case Crime No.767 of 2019, under Section 2/3 U.P. Gangsters act, Police Station Thakurganj, District Lucknow, pending in the court of Additional District Judge, Court No.5/Special Judge, gangster Act, Lucknow.

3. Learned counsel for the applicant submits that this application may be disposed of with a direction to the learned Magistrate concerned to consider bail application of the applicant 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 submissions advanced by the learned counsel for the applicant as well as the learned AGA, representing respondent-State.

5. The Supreme Court in Aman Preet Singh (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.

6. In view of submissions advanced on behalf of the applicants, this application is disposed of with a direction to the applicant to surrender before the trial Court concerned on or before 3.11.2022 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 (supra).

7. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 21.10.2022

Rao/-