Ashok Kumar vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 12256 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 6047 of 2022
 

 
Applicant :- Ashok Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Rajesh 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 applicant has prayed for quashing of the proceedings of charge-sheet No.1 of 2022 dated 28.05.2022 as well as summoning order dated 20.07.2022 passed by Special Judge POCSO Act, Ambedkar Nagar in Criminal Case No.330 of 2022 FIR No.65 of 2022 under Sections 354B, 506 IPC, 7/8 POCSO Act, State of U.P. vs Ashok Kumar Police Station Ibrahimpur, District Ambedkar Nagar.

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 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).

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 within a period of seven days from today 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).

Order Date :- 6.9.2022

prateek