Rehana Begum And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 20769 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156577
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 21654 of 2023
 

 
Applicant :- Rehana Begum And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prashant Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 Cr.P.2C. application has been filed to direct the court of chief Judicial Magistrate, Varanasi to accept personal bond of each applicant and single sureties for all the accused persons who are family members for their release on anticipatory bail in Criminal Case No. 5602 of 2013(State Vs. Rehana Begum and others), arising out of Case Crime No. 88 of 2013, under Sections 380, 448, 352, 504, 506, 143 I.P.C., Police Station- Cantt., District-Varanasi.

3. Learned A.G.A. pointed out that the very same issue was before this Court in Application U/S 482 No. - 8457 of 2023: Megh Raj Sharma Vs. State of U.P. and Another, decided on 20.07.2023 as well as in Application U/s 482 No.- 6022 of 2022: Aparna Purohit Vs. State of U.P. Thru Prin. Secy. Home Deptt. Lko decided on 02.11.2022 and this Court after considering the law as well as judgments of Apex Court has held that in application filed under Section 482 Cr.P.C. no relief can be granted to the applicants in light of bar of Section 362 Cr.P.C.

4. Learned counsel for the applicants could not dispute the aforesaid facts.

5. I have considered the submission made by learned counsel for the parties and perused the record.

6. From perusal, it is apparently clear that controversy involved in the present case is identical to the controversy involved in the case of Megh Raj Sharma(Supra) as well as in Aparna Purohit(Supra), therefore in light of reasoning given by this Court in both the judgments, no interference is required by this Court.

7. Under such facts and circumstances of the case, application lacks merits and is accordingly dismissed.

Order Date :- 4.8.2023

ADY