Surendra Singh And Another vs State Of U.P. ...
2022 Latest Caselaw 14989 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 7776 of 2022
 

 
Applicant :- Surendra Singh And Another
 
Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Deptt. And Another
 
Counsel for Applicant :- Shiv Prakash Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioners and Sri Ran Vijay Singh, learned AGA.

2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet no.191 of 2015, dated 15.11.2015 and the cognizance order dated 28.1.2016 and the entire proceedings of Criminal Case No.141 of 2016, State Vs. Surendra Singh and others, arising out of Case Crime No.1154 of 2015, under Sections 325, 323 and 504 IPC and Section 3(1)(X) SC/ST Act, Police Station Jagdishpur, District Amethi, pending in the court of Chief Judicial Magistrate, Court No.16, Sultanpur.

3. Learned counsel for the applicants 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 applicants 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 applicants to surrender before the trial Court concerned on or beofre 3.11.2022 and apply for regular bail and, if the applicants do so, thier 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/-