Allahabad High Court
Babloo @ Bhallu And Naother vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 14 December, 2023
Author: Shamim Ahmed
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:82211
Court No. - 15
Case :- APPLICATION U/S 482 No. - 12143 of 2023
Applicant :- Babloo @ Bhallu And Naother
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Satya Narayan Yadav,Ayushi Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The instant Application under Section 482 Cr.P.C. has been filed on behalf of the applicants, namely, Babloo @ Bhallu and Manish Rajput with a prayer to quash the charge sheet no.01 of 2022 dated 18.01.2022 filed by the Investigating Officer as well as to quash the summoning order dated 26.04.2023 passed by learned Additional Chief Judicial Magistrate-VIII, Lucknow in Case No.64986 of 2023, Case Crime No.0455 of 2021, under Sections 406, 420, 504, 506 I.P.C., Police Station Gudamba, District Lucknow and also for quashing of whole Criminal Proceedings in pursuance thereof.
After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants and submits that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor.
In view of the submissions made by learned counsel for the parties, if the applicants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).
With the aforesaid observations, this application is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
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 :- 14.12.2023
Saurabh
