Mahesh Kumar vs State Of U.P. And Another
2023 Latest Caselaw 14897 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102258
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 17651 of 2023
 

 
Applicant :- Mahesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Shukla,Shivam Shukla
 
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 NBW order dated 14.03.2018 issued by learned A.C.J.M., Court No. 3, Kanpur Dehat in Criminal Case No.229 of 2017 (State versus Ram Narayan & Others) arising out of Case Crime No.170 of 2017, under Sections 323, 325, 326, 504, 506 and 452 I.P.C., Police Station-Derapur, District-Kanpur Dehat pending before the learned Addl. Civil Judge (J.D.), Court No. 4/J.M. Kanpur Dehat.

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 entails 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 seven 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 law laid down by the Supreme Court.

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

Order Date :- 11.5.2023

S.A.