Manoj Kumar vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 14990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 7698 of 2022
 

 
Applicant :- Manoj Kumar
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Amit Kumar,Praveen Kumar Pandey,Sachin Verma
 
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 proceedings of Charge-sheet No.47 of 2020 dated 3.2.2020 in Special Sessions Trial No.155 of 2021 Crime No.578 of 2019 under Sections 323, 504, 506 IPC, 3(1)(Da), 3(1)(Dha) S.C./S.T. Act, Police Station Isanagar, Kheri.

3. 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 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 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. 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 by 03.11.2022 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 Vs. C.B.I. Through Director (supra).

8. The applicant may file a computerized copy of this order for its necessary compliance and the concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.8. The petitioners may file a computerized copy of this order for its necessary compliance and the concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad.

Order Date :- 21.10.2022

prateek