Banarasi And 7 Others vs State Of U.P. And Another
2023 Latest Caselaw 14759 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:101108
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 17332 of 2023
 

 
Applicant :- Banarasi And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Yadvendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present application under Section 482 Cr.P.C. has been filed seeking quashing of entire criminal proceedings in criminal Case No.352 of 2022 (State vs. Banarasi and others) pursuant to the charge-sheet dated 08.01.2022 and cognizance dated 17.05.2022 in connection with case crime no.216/2020 under Sections 147, 148, 323, 504, 506, 336 and 308 I.P.C., Police Station-Sikrara, District-Jaunpur, pending in the court of ACJM-II, Jaunpur.

2. After some arguments learned counsel appearing for the applicants submits that the offences for which the applicant(s) has/have been issued non bailable warrant/summoning order entail a sentence up to 7 years, and if the applicant(s) surrender(s) before the trial court concerned and applies for bail, he/they should be enlarged on bail in view of the judgment of the Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

3. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 15 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

4. For a period of 15 days no coercive action shall be taken against the applicant(s) in pursuance of the impugned proceedings.

(Dinesh Kumar Singh, J.)

Order Date :- 10.5.2023

Piyush/-